Court of Criminal Appeals of Texas

In indictment for murder, judgment of the court appeals finding that statement made by criminal-appellee during a custodial interrogation was not unequivocal and thus his Fifth Amendment right to counsel was not violated is reversed and trial court order granting appellee's motion to suppress evidence is reinstated where: 1) the appellee's condition that counsel be present before he would talk to the police was unequivocal; and 2) the continued interrogation resulting in a confession, violated the appellee's Fifth Amendment right to the presence of counsel during custodial interrogation.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Judges

Court

• Court of Criminal Appeals of Texas

Counsel