finding it "strange to hear defense counsel make these claims [of insufficient time to prepare] while not seeking a continuance"
How later courts described this case
- finding it "strange to hear defense counsel make these claims [of insufficient time to prepare] while not seeking a continuance"
- "At the conclusion of the suppression hearing, the trial court entered its order suppressing all statements made pri- or to the giving of Miranda warnings, but did not specifically articulate the reasons for overruling appellant’s motion to suppress statements made while incarcerated. Implicit in the trial court’s silence and admission of the statements at trial is the conclusion that the appellant’s testimony regarding the alleged requests for an attorney lacked credibility and that the statements were voluntarily given. While disposing of such a motion in this manner is not as clear as making definitive findings based on the evidence adduced at the suppression hearing, there is nothing inherently improper in so doing.”
- defendant robbed a bank, kidnapped and killed a teller
Written by the judges who cited it.
The opinion
SEILER, J.,
dissents and concurs in separate dissenting opinion of BARDGETT, C. J.