Eaton v. Commonwealth9/21/1990
5 Va. 289, 302 S.E.2d 520, cert. denied, 464 U.S. 865 (1983); Bassett v. Commonwealth, 222 Va. 844, 284 S.E.2d 844 (1981), cert. denied, 456 U.S. 938 (1982); Evans v. Commonwealth, 222 Va. 766, 284 S.E.2d 816 (1981), cert. denied, 455 U.S. 1038 (1982), aff'd on remand, 228 Va. 468, 323 S.E.2d 114 (1984), cert. denied, 471 U.S. 1025 (1985); Giarratano v. Commonwealth, 220 Va. 1064, 266 S.E.2d 94 (1980); and Stamper v. Commonwealth, 220 Va. 260, 257 S.E.2d 808 (1979), cert. denied, 445 U.S. 972 (1980). After considering those records, as well as cases in which life imprisonment was imposed, we conclude that Eaton's sentence of death was neither excessive nor disproportionate to sentences generally imposed by other sentencing bodies in Virginia for comparable or similar crimes. Additionally, nothing in the record suggests that the death sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor.
XIII. CONCLUSION
We find no reversible error among the issues presented by Eaton's appeal. Having reviewed the sentence of death pursuant to Code § 17-110.1, we decline to set it aside. Accordingly, we will affirm the judgments in both cases.
Record No. 900238 - Affirmed.
Record No. 900239 - Affirmed.
Disposition
Record No. 900238 - Affirmed.
Record No. 900239 - Affirmed.
JUSTICE LACY, with whom JUSTICE WHITING joins, concurring in part and dissenting in part.
I concur with the majority in all respects except the rule adopted by the majority to determine whether an individual invoked his Fifth Amendment right to counsel.
Edwards v. Arizona, 451 U.S. 477 (1981), requires the police to stop questioning a suspect when he invokes his Fifth Amendment right to counsel. Interrogation may not be resumed until a lawyer is present, or until the suspect himself reinitiates the dialogue. The question in this case is whether Dennis Wayne Eaton invoked his Fifth Amendment right to counsel during his interrogation by Officers Dudley and Hottinger on February 24 when he referred to counsel with statements such as "Maybe I ought to talk to a lawyer," "Didn't you say I had a right to a lawyer," and "I need to talk to someone, a lawyer, a psychiatrist, someone."
In my opinion, when equivocal statements such as these are made, the most obvious and appropriate response is to ask the suspect, "Do you want a lawyer?". The suspect's response to this question should resolve the ambiguity and allow the interrogators to proceed accordingly. This test is easy to apply, consistent with Miranda v. Arizona, 384 U.S. 436 (1966) and its progeny, and efficient in terms of police and court time. It provides a true bright-line rule which is fair to defendants and police alike.
Under the rule adopted today, however, the constitutional right to an attorney cannot be invoked unless the defendant utilizes language which is clear, unambiguous, and unequivocal. This is a very demanding standard to place on the exercise of one's constitutional rights, and I believe it has both practical and legal flaws.
The cornerstone of Miranda was to dispel the inherent coercion of custodial interrogations, and to allow a defendant to exercise his free will in asserting his constitutional privileges. A principal objective o
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