State v. Brooks, 70 A.3d 1014

defendant questioned by police about sexual abuse of his 12-year-old daughter; interview occurred August 31, 2009; holding cell unwarned statement suppressed; after Miranda warnings, defendant confessed in a sworn recorded statement; prior to trial, State disclosed history of incest/pornography website browsing; trial included the website history as 404(b) evidence; defense objections to the excluded holding cell statement and to the later testimony were raised; defendant convicted on two counts of aggravated sexual assault on a minor; on appeal, argues suppression error, improper admission of website history, and unfair trial due to excluded testimony and cumulative errors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the unwarned holding cell statement tainted the post-warning statements.	Brooks contends all statements were involuntary.	Brooks argues mid-stream warnings were ineffective and tainted confession.	Miranda warnings effective; post-warning statements admissible.
Whether the website-browsing history was admissible under 404(b).	State contends relevance to plan/scheme; probative value outweighs prejudice.	History of browsing incest sites is irrelevant and prejudicial.	Harmless error; evidence not outcome-d determinative.
Whether introduction of previously excluded testimony denied a fair trial.	State alleges fragment of suppressed holding-cell statement was admissible.	Admission of excluded testimony prejudicial.	No reversible prejudice; trial fair.
Whether cumulative errors deprived Brooks of a fair trial.	Cumulative impact of errors undermines fairness.	Cumulative errors warrant reversal.	No basis for new trial; convictions affirmed.

Fleurie v. State, 185 Vt. 29 (2008 VT 118) (Miranda warnings and voluntariness addressed in totality-of-circumstances analysis)
Oregon v. Elstad, 470 U.S. 298 (1985) (midstream warnings may be effective absent coercion)
State v. Seibert, 542 U.S. 600 (2004) (five-factor test for effectiveness of midstream warnings; caution against sequence of interrogations)
Rhode Island v. Innis, 446 U.S. 291 (1980) (definition of interrogation includes words or actions likely to elicit incriminating response)
State v. Christmas, 186 Vt. 244 (2009 VT 75) (controls when determining if police action amounted to interrogation)