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Suspected Milwaukee murderer has conviction tossed by appeals court

Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

MILWAUKEE (WTAQ) - A man convicted of a murder in Milwaukee could either get a new trial or a plea deal.  

The First District Court of Appeals in Milwaukee has thrown out Brandon Burnside's original conviction from 2011. The 30-year-old Burnside was found guilty of first-degree intentional homicide in the shooting death of Bryan Drake.

In appealing the conviction, Burnside said a jury should have never heard what he told police before he was arrested. He said he consented to a voluntary interview -- but he claimed he was actually in custody, and he should have been read his rights but wasn't.  

The appellate court agreed. It found nothing to indicate that Burnside was free to leave during his interview.  

The case now goes back to Milwaukee County Circuit Court. The State Justice Department says it's considering a possible appeal of Tuesday's ruling to the Supreme Court.

(Story courtesy of Wheeler News Service)