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Rape Virginia Miranda Rights Suppress Motion Attorneys Carroll County

Rape Virginia Miranda Rights Suppress Motion Attorneys Carroll County

ESARE ZEKTAW v. COMMONWEALTH OF VIRGINIA
Facts:

The defendant there was an arrest warrant for rape outstanding against him. He was read his Miranda rights and signed a written waiver of those rights. During questioning, he said, “I’d really like to talk to a lawyer because this–oh my God, oh, my Jesus, why?” He did not mention a lawyer again during the rest of the interview. The intermediate appellate court held his single reference to a lawyer was ambiguous and he did not clearly invoke his right to counsel. After the trial court denied defendant’s motion to suppress statements he made to police, he was convicted of rape, abduction, and assault and battery. He appealed; the Court of Appeals of Virginia affirmed defendant’s convictions and the denial of his motion to suppress. Defendant sought further review.

Rape Virginia Miranda Rights Suppress Motion Attorneys Carroll County

Rape Virginia Miranda Rights Suppress Motion Attorneys

Issue:
  • Whether the trial Court properly dismisses the Appellant motion to Suppress?
Discussion:

This Court held that as defendant did not introduce any new evidence on his own behalf that was “of the same character” as the statements to which he objected, and his use of his statements was during his cross-examination of the detective, he did not waive his objection to the admissibility of the statements. Under an objective test, he had unambiguously invoked his right to counsel; therefore, the interrogation should have ended, and his subsequent statements were inadmissible. As it could not be said that his admissions to choking and knocking the alleged victim down before they had consensual sex did not contribute to his convictions or to the severity of his sentence, the error was not harmless. The judgment of the intermediate appellate court was reversed and the case was remanded to that court with direction to remand to the trial court for a new trial if the Commonwealth was so advised.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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