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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.
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