Wright v. State

The defendant did not clearly and unambiguously request counsel when he asked the investigator "If I ask for an attorney will I be arrested"

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A jury found Barry Keith Wright guilty of aggravated sexual battery, attempted rape, and sexual battery. Wright appeals, arguing the trial court erred in admitting his statement to police. We find no error and affirm Wright’s convictions. Wright argues that the statement was not admissible because 1 Wright gave an “ambiguous request” for an attorney, 2 police offered Wright “the slightest hope of benefit” and 3 police lied throughout the interrogation. After conducting a Jackson-Denno hearing, the trial court found that Wright’s statement to police was voluntary and admitted the statement. When reviewing a trial court’s determination regarding the voluntariness of a confession after a suppression hearing, this Court must accept the trial court’s decision unless the decision is clearly erroneous.1 Factual and credibility determinations relating to the admissibility of a confession will likewise be upheld on appeal unless clearly erroneous.2 Here, we cannot say that the trial court’s decision to allow Wright’s custodial statement into evidence was clearly erroneous.

1. Wright argues that his admittedly “ambiguous” request for an attorney made his confession inadmissible. The record shows that upon questioning Wright and deciding to arrest him for the present charges, the investigator left the room and returned with a Miranda form. The investigator read the form to Wright and ensured that Wright understood the form. He then asked Wright if he was willing to speak to the investigator without an attorney and, if he was, to sign the waiver form. Wright signed the waiver form and agreed to speak with the investigator. At no point did Wright tell the investigator that he did not want to talk to the investigator or that he wanted an attorney.

Wright v. State

The defendant did not clearly and unambiguously request counsel when he asked the investigator "If I ask for an attorney will I be arrested"

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