United States Fourth Circuit
Hyatt v. Branker, 08-15
In a capital habeas matter, the denial of Petitioner's petition is affirmed, where: 1) a law enforcement officer did not hear Petitioner make an unequivocal request for counsel prior to making his confession; and 2) the state court did not err in holding that Petitioner waived his right to counsel during a custodial interrogation.
Appellate Information
- Decided 06/23/2009
- Published 06/23/2009
Judges
- Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Milton Gordon Widenhouse, Jr., Rudolf, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant. Valerie Blanche Spalding, North Carolina HyattV. Branker Department of justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Faith S. Bushnaq, Bushnaq Law Office, PLLC, Charlotte, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellee.