 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Golphin8/25/2000
management in order to justify Tilmon's request. In response, Tilmon stated he was a member of the Rastafarian religion. Next, based on the belief that a video camera in Trooper Lowry's car had recorded the incident, Tilmon asked Agent Godfrey and Detective Casey why they wanted to talk about what had happened because it should have been videotaped. Agent Godfrey responded that he still needed to know why it happened. Agent Godfrey testified that at the time he made this statement, he knew there was no videotape and that neither he nor Detective Casey ever indicated to Tilmon there was a videotape. Tilmon then stated he would tell Agent Godfrey and Detective Casey why it happened. Tilmon proceeded, over a lengthy interview process which included several breaks, to make a statement concerning the shooting incident.
After reviewing the motion, hearing the evidence offered by the State, and giving Tilmon an opportunity to present evidence, the trial court made findings of fact consistent with the above recitation of facts. Thereafter, the trial court concluded as a matter of law:
Tilmon Golphin made a statement to law enforcement officers freely, voluntarily and understandingly, after being fully advised by law enforcement officers of all appropriate constitutional and state statutory rights and federal statutory rights related to the right to counsel and related to rights concerning self- incrimination.
Two, Tilmon Golphin's motion to suppress his statement of the -- on the twenty-third day of September, 1997, should be denied.
Based on the findings of fact and conclusions of law, the trial court denied Tilmon's motion to suppress.
A trial court is to make an initial determination as to whether a defendant waived his/her right to counsel. Those findings of fact "`are conclusive on appeal if supported by competent evidence, even if the evidence is conflicting.'" State v. Peterson, 347 N.C. 253, 255, 491 S.E.2d 223, 224 (1997) (quoting State v. Eason, 336 N.C. 730, 745, 445 S.E.2d 917, 926 (1994), cert. denied, 513 U.S. 1096, 130 L. Ed. 2d 661 (1995)). Conclusions of law which are supported by findings of fact are binding on appeal. Id. "Further, the trial court's conclusions of law must be legally correct, reflecting a correct application of applicable legal principles to the facts found." State v. Fernandez, 346 N.C. 1, 11, 484 S.E.2d 350, 357 (1997).
We conclude the trial court's findings of fact are supported by competent evidence and are, therefore, binding on appeal. See Coffey, 345 N.C. 389, 480 S.E.2d 664 (holding the Court was bound by the trial court's findings because, assuming arguendo there was an interrogation, there was competent evidence in the record to support the trial court's finding that the defendant initiated the conversation with police after invoking his right to counsel). In addition, the findings of fact support the conclusions of law.
This Court must also determine if the trial court's conclusions are legally correct. We conclude they are. Although Tilmon asserted his right to counsel and the police continued to ask Tilmon questions, see Innis, 446 U.S. at 302, 64 L. Ed. 2d at 308, the questions were included in the exception for questions used to elicit biographical information, see Ladd, 308 N.C. at 286, 302 S.E.2d at 172-73. In addition, it is unreasonable to say Agent Godfrey should have known his questions concerning Tilmon's biographical information were reasonably likely to elicit an incriminating response, and there was no reason Agent Godfrey should have known his response to Tilmon's questions about where he would be housed until the time of trial would elicit an incriminating response. See In
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|