Atkins v. State

Hill, Chief Justice,

concurring.

I concur in the opinion of the court. I write separately to point out that although “When a prosecutor seeks to rely upon consent to justify the lawfulness of a search, he has the burden of proving that the consent was, in fact, freely and voluntarily given,” Bumper v. North Carolina, 391 U. S. 543, 548 (88 SC 1788, 20 LE2d 797) (1968), the opinion in the case now before us does not determine whether the state or the defendant has the burden of producing evidence as to the minor’s right of access and right of invitation.