Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Stone v. State

The defendant's right to counsel attached at his initial appearance, when he appeared with a public defender before a magistrate.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, Raymond Stone appeals his conviction of family violence aggravated assault,1 terroristic threats,2 family violence simple battery,3 and obstruction of a 911 call.4 Stone challenges the denial of his motion for new trial, arguing that the trial court erroneously admitted statements he made during a custodial interview initiated by an investigator after Stone’s initial appearance before a magistrate. Because Stone’s Sixth Amendment right to counsel had attached at the initial appearance, and because Stone did not initiate the custodial interview, we must reverse. Because the evidence sufficed to support the conviction, the case may be retried.5 “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence; moreover, an appellate court . . . does not weigh the evidence or determine witness credibility.”6 So viewed, the evidence shows that during an argument with his live-in girlfriend, Stone dragged her off the couch by her hair and threw a table at her. The girlfriend soon fled the residence on foot, calling 911 on her cell phone, while Stone pursued in his truck. As the girlfriend requested help from the 911 operator, Stone reached her, held a knife to her, and threatened to kill her as another vehicle approached. When the vehicle neared, Stone fled in his truck. The girlfriend was picked up by the passing motorist, who took her to a gas station where a sheriff’s deputy met her.

Stone was charged with and found guilty of family violence aggravated assault, terroristic threats, family violence simple battery, and obstruction of a 911 call.7 Following the denial of his motion for new trial, Stone filed this appeal.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
(NEW) JUNIOR-MID LEVEL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›
CORPORATE ASSOCIATE - CT or Remote

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›
Senior Associate - Boutique -A&D (NYC)

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›
Go to Lawjobs