State tells court independent evidence makes any Miranda error harmless

In response to the defense's voluntariness arguments, Lindsey Downs for the State listed multiple sources of independent evidence she said supported the convictions even if the court found a Miranda error. "There is so much independent evidence of the defendant's guilt in this case, that it necessarily would lead the jury to the same outcome," Downs told the panel, and she cited an eyewitness, text messages between Dillard and Miss Johnson arranging a meeting at the Big Eddy, the defendant's wallet being found at the scene, DNA found in the back seat of Johnson's vehicle, witness testimony about a black-powder firearm and an inculpatory jail call.

Downs also urged the proper standard of appellate review: the court should assess whether the trial court's factual findings are supported by substantial evidence, not reweigh the evidence de novo. She told the panel the record shows Dillard both answered factual questions and exercised control over when to speak, pointing to testimony that he was able to terminate the interview at one point. The State asked the court to affirm the Assault 1 and Murder 1 convictions and remand only for resentencing consistent with concessions discussed in argument.