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04/14/95 C.S.H. v. STATE

April 14, 1995

C.S.H.
v.
STATE



Appeal from Mobile Juvenile Court. (JU-89-1562.06 and JU-89-1562.07). John Butler, TRIAL JUDGE.

Released For Publication October 30, 1995.

Taylor, Presiding Judge. All The Judges Concur.

The opinion of the court was delivered by: Taylor

TAYLOR, PRESIDING JUDGE

The appellant, C.S.H., appeals from orders of the juvenile court transferring him to circuit court for prosecution as an adult for the crimes of murder and robbery.

I

The appellant contends that the court erred in receiving into evidence a post-arrest statement that he made to police officers Matthew Thompson and David Baker. Specifically, he contends that during the taking of his statement he made an ambiguous or equivocal request for counsel that should have been, but was not, clarified by the interrogating officers before they continued with the interrogation.

Once a defendant makes an ambiguous or equivocal request for an attorney, questioning must stop and the questioning officer must determine whether the request was indeed a request for counsel. Robinson v. State, 574 So. 2d 910 (Ala. Cr. App. 1990).

The transcript reveals that the following conversation occurred before the interrogation:

"THOMPSON: .... Earlier in our Discussion uh, Officer Berra read you your Alabama juvenile warning. Is that correct?

": Yes.

"THOMPSON: And you signed this form that I have in front of me saying that you understand your rights. Is that correct?

": (pause).

"BAKER: Say yes or no.

": Yes.

"THOMPSON: OK. And at that time you agreed to waive your rights. Is ...


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