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Keywords

defendantattorneylawyerhearinginterrogation

trialtestimonyappellant

Related Cases

Green v. State, 934 S.W.2d 92

Facts

The defendant was arrested for aggravated robbery and appointed a lawyer. While in custody for this charge, he was questioned about a murder and gave a confession after waiving his rights. The police did not inform his attorney about the questioning. The defendant's confession was challenged on the grounds that it violated his Fifth and Sixth Amendment rights, but the court found that he did not invoke these rights during the interrogation.

Appellant was arrested October 17, 1992, in connection with an aggravated robbery unrelated to the murder in issue here. Appellant was advised of his rights pursuant to Tex.Code Crim. Proc. Ann. art. 38.22, § 2(a) . He waived his rights and made a statement concerning the robbery to the police, and was then charged with aggravated robbery.

Issue

Did the defendant invoke his Fifth and Sixth Amendment rights to counsel during police questioning, and was his confession voluntary?

Appellant contends that admission of his statement violated his Fifth and Sixth Amendment rights to counsel.

Rule

The court applied the principles from Edwards v. Arizona and McNeil v. Wisconsin, which clarify the invocation of the right to counsel and the conditions under which a confession can be deemed voluntary.

In McNeil v. Wisconsin, 501 U.S. 171, 111 S.Ct. 2204, 115 L.Ed.2d 158 (1991) , the United States Supreme Court held that an accused's Sixth Amendment right to counsel at an initial appearance does not constitute an invocation of his Fifth Amendment right to counsel.

Analysis

The court determined that the defendant's request for an attorney at a preliminary hearing did not constitute an invocation of his Fifth Amendment right during subsequent police questioning about the murder. The court found that the defendant voluntarily waived his rights and that the confession was not coerced, despite the defendant's claims of police deception.

The trial court chose to believe the officers' testimony and disbelieve appellant and Porter. 'Because the trial court is in the best position to evaluate the testimony, we must defer to the trial court's findings.'

Conclusion

The court affirmed the conviction, concluding that the defendant's confession was admissible and that he did not demonstrate a violation of his constitutional rights.

Affirmed.

Who won?

The State prevailed in the case because the court found that the defendant's rights were not violated during the interrogation and that the confession was voluntary.

The State correctly notes that appellant's argument is in essence an equal protection claim.

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People v. Bacigalupo, 1 Cal.4th 103, 820 P.2d 559, 2 Cal.Rptr.2d 335

Confoy v. New York State Div. of Parole, 173 A.D.2d 1014, 569 N.Y.S.2d 846

Bratton v. State, 477 S.W.2d 754

People v. Angelo, 88 N.Y.2d 217, 666 N.E.2d 1333, 644 N.Y.S.2d 460

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