 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Eaton v. Commonwealth9/21/1990
ion; that he gave every indication that he fully understood them; that he made inquiries about his entitlement to the assistance of counsel; that he was repeatedly told that he was not required to talk to the officers in the absence of counsel; and that counsel would be obtained for him if he so desired. Both officers testified that Eaton never requested counsel and that he continued, quite voluntarily, to discuss the case with them. At the conclusion of the hearing, the court found that Eaton had never invoked his right to counsel and that his statements were freely and voluntarily made. Our examination of the record satisfies us that the court's findings were supported by the evidence.
Sgt. Dudley's testimony, more favorable to the defense, was offered by the defense. Detective Hottinger, whose version
was more favorable to the Commonwealth, was called as a Commonwealth witness. In accordance with familiar principles of appellate review, we will review the evidence concerning the interviews in the light most favorable to the prevailing party.
As stated earlier, when Special Agent Watts attempted to interview Eaton on February 21, Eaton indicated by a shake of his head that he did not wish to answer any questions and Watts left immediately. No further efforts were made to interview him until Dudley and Hottinger met in an interview room on February 24. Dudley gave Eaton Miranda warnings, and Eaton said that he understood them. After discussing the high-speed chase, the crash, the shooting of Judy, and Eaton's attempted suicide, Dudley turned to the shooting of Trooper Hines. Dudley said: "The reason you shot the trooper was because he had stopped you," Eaton replied, "He was going to arrest Judy." At that point, Eaton asked Dudley: "You did say I could have an attorney if I wanted one?" Hottinger then told Eaton "that he didn't have to tell [the officers] anything; that he did have the right to have an attorney if he wanted one."
A short period of silence followed. Dudley left the room for a few minutes. Hottinger then told Eaton about the funeral of Judy McDonald and where she was to be buried. They discussed that subject until Dudley returned.
After Dudley's return, the officers asked some questions about the gun. Eaton described the traffic stop by Trooper Hines and Judy's arrest. He said that Judy wasn't drunk. Hottinger then asked Eaton "if Judy had shot the trooper." Eaton replied: "Judy was a good girl and she wouldn't hurt anyone." He neither directly admitted nor denied shooting Trooper Hines and, in contrast to his later testimony at trial, gave no hint that Judy was the perpetrator of the crime. Eaton made no other statement concerning the Hines killing.
A waiver of an accused's right of counsel must not only be voluntary; it must also constitute a knowing and intelligent relinquishment and abandonment of a known right or privilege. In each case, this depends "upon the particular facts and circumstances surrounding that case, including the background,
experience, and conduct of the accused." Edwards v. Arizona, 451 U.S. 477, 482 (1981) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 (1938)); North Carolina v. Butler, 441 U.S. 369, 374-75 (1979).
A waiver of the right to counsel, however, need not be explicit; it can be shown by the circumstances. Cheng, 240 Va. at 35, 393 S.E.2d at 604. In the present case, the court inferred such a waiver from Eaton's willingness to engage in a discussion of the case with the officers after receiving Miranda warnings and indicati
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Virginia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|