Section 11.33 Finding of Fact

• Library: Criminal Practice 2012 Supp

C. (§11.33) Finding of Fact

To properly preserve the issue for appeal, it is essential that the court ruling on the defendant’s motion to suppress make its conclusions regarding the voluntariness of the confession appear in the record “with unmistakable clarity.” Sims v. Ga., 385 U.S. 538, 544 (1967). Formal findings of fact or a written opinion are not required; it must just be apparent from the record that the trial judge made the requisite determination that the confession was voluntary before allowing...