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Tindle v. United States

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Appeal from the Superior Court of the District of Columbia (Hon. Nan R. Shuker, Trial Judge)

Argued October 26, 2000

In this case, we are asked to determine whether the trial court erred by denying appellant Stevie Tindle’s motion to suppress an audio-taped statement given to the police after he signed a Prince George’s County, Maryland police department waiver of rights form *fn1 indicating that he did not want to make a statement without the presence of a lawyer. No lawyer was present during police questioning when Mr. Tindle implicated himself in the stabbing death of Derrick Thrower. At trial, Mr. Tindle’s defense was self-defense. Although he was acquitted of the charge of second-degree murder while armed, a jury found him guilty of the lesser included offense of voluntary manslaughter while armed, as well as the offense of carrying a dangerous weapon (knife). *fn2 He filed a timely appeal, primarily contending that, under Edwards v. Arizona, 451 U.S. 477 (1981) and Miranda v. Arizona, 384 U.S. 436 (1966), his audio-taped statement should have been suppressed because his Fifth Amendment right to counsel was violated.

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