# Lee v. State

> Court of Criminal Appeals of Oklahoma · March 14, 1977 · 561 P.2d 566

URL: https://www.frixlaw.com/law-library/cases/9628802

## Case

- **Full name:** Michael Duval LEE, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** March 14, 1977
- **Citations:** 561 P.2d 566; 1977 OK CR 104
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Bussey, Bliss, Brett
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9628802

## Opinion text

*570 BRETT, Judge,
specially concurring.
I concur as to the admissibility of the confession on the ground that the defendant’s step-grandfather was the de facto custodian of the defendant, thereby meeting the requirements of 10 O.S.1971, § 1109(a). Had the defendant not conferred with attorney Copeland before giving his inculpa-tory signed statement, I would have held that any statements made by the defendant prior to the arrival of counsel were inadmissible. However, in signing the statement upon advice of counsel, defendant effectively waived any irregularities in eliciting statements from him prior to the arrival of counsel. Therefore, I concur in the result of the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9628802. Public record. Not legal advice.