Justices rule defendant’s confession came under ‘increasing coercive pressure’

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Incriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.

Brian Scott Hartman had been taken into custody on burglary charges. After detectives read Hartman his Miranda rights, he requested to speak with an attorney. The following afternoon, detectives executed two search warrants at a residence and discovered the body of the defendant’s father.

At 1 a.m. the next day, Hartman was brought to the jail’s intake area where he was read the search warrants. After Hartman indicated he wanted to speak with the detectives and was re-read his Miranda rights, he essentially confessed to his role in his father’s death.

During the trial, Hartman moved to have his confession suppressed on the grounds that the statements were obtained after he had invoked his right to remain silent and consult an attorney.

The trial court denied the motion to suppress, concluding Hartman was not coerced but rather voluntarily chose to initiate the conversation with detectives.

The Supreme Court reversed the trial court’s denial and remanded for further proceedings in Brian Scott Hartman v. State of Indiana, 68S01-1305-CR-395.

Although the Indiana justices cited Maryland v. Shatzer, 559 U.S. 98, 130 S. Ct. 1213, 175 L. Ed. 2d 1045 (2010), where the U.S. Supreme Court refused to extend Miranda protections, they noted the circumstances surrounding those cases were different from Hartman’s.

In Shatzer, the suspect had been released from custody and likely had been able to seek advice from an attorney, family members or friends. Moreover he knew from earlier experience the he could stop the interrogation by demanding counsel.

The situation was different for Hartman.

“Here, despite the defendant’s request for counsel, he had not been provided the opportunity to consult with an attorney prior to the police approaching him to read the search warrants,” Chief Justice Brent Dickson wrote for the court. “Nor had he consulted with family members or friends, nor been released from custody. Further, there is nothing in the record showing his knowledge from his earlier experience that a demand for counsel would bring dealings with the police to a halt. In fact, the defendant’s experience two days earlier, when his request for counsel was unproductive, could well have led him to the opposite conclusion – that a request for counsel would not be honored prior to further police dealings. This has the likely effect of increasing coercive pressure on the defendant.”


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.