ILNews

‘Am I going to need an attorney?’ is not request for attorney, rules COA

Back to TopCommentsE-mailPrintBookmark and Share

A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.

In Jason King v. State of Indiana, 64A04-1209-CR-464, Jason King appealed his conviction and 45-year sentence for attempted murder after shooting Woodrow McGuire in the jaw at a nightclub. He claimed that during an interrogation, he asked for an attorney, but police kept questioning him.

During a recorded interrogation regarding the crime, King uttered the words, “an attorney,” in a sentence otherwise inaudible on the recording. The interrogating officer continued to question King, and he eventually confessed to shooting McGuire.

King testified that the inaudible sentence was, “I do need to make a call to call an attorney.” The interrogating officer testified that King asked, “Am I going to need an attorney?” The trial court found the officer’s testimony as to what was said was more likely than what King claimed he said.

The state presented the jury with the testimony of the interrogating officer, who stated that King confessed to shooting McGuire during the interrogation. King did not object to the admission of this evidence.

The Court of Appeals upheld King’s conviction and sentence, believing the trial court’s finding is supported on the record. The trial court reviewed the recording and the testimony of the two men to conclude: “The speech before the words [‘]an attorney[’] is more consistent with [‘]am I going to need an attorney[’] than a longer phrase, which is, [‘]I do need to make a call to call an attorney.[’]”

Because King didn’t object to the officer’s testimony at trial, he waived the issue that his confession should have been suppressed. But waiver notwithstanding, the COA concluded that the trial court did not abuse its discretion in determining that King did not request an attorney at the 1:02 mark of the second interrogation.

“King’s question, ‘Am I going to need an attorney?’ does not rise to the level of clarity from which a reasonable officer would understand that an attorney has been requested,” Judge Cale Bradford wrote.

The judges also upheld the 45-year sentence, which they found appropriate given the troubling reasons cited as to why King shot McGuire: because the victim was black and leaning on King at a bar.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT