published Tuesday, July 9th, 2013

Tennessee appeals court disallows mushroom defense

MEMPHIS, Tenn. — The Tennessee Court of Criminal Appeals has upheld the conviction of a Memphis man who claimed his confession should have been disallowed because he was under the influence of hallucinogenic mushrooms.

The Commercial Appeal reports 28-year-old Kewan Callicutt received a 12-year prison sentence for wounding a man during an attempted holdup in 2009.

On appeal, his attorneys argued that his confession should have been suppressed because Callicutt was hallucinating. Callicutt said he also had done “weed and cocaine” before his arrest.

Police said they saw no signs that Callicutt was impaired. They said his detailed statement was supported by physical evidence and by statements from the victim and a co-defendant.

The appeals court found that Callicutt’s confession was made freely and voluntarily.

Callicutt currently is on parole.

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