Defendant is in custody for a drive by shooting. Had just signed a CI agreement with the Investigator the day before.Def is brought into the officer's office. The video is running. Officer confronts him "You violated our contract" Defendant says he doesn't want to sign nothing wants to go back to County and that he wants a lawyer.. but witout being questioned he continues to try to explain what happened re the drive by...2:53 Officer Mirandizes him and Defendant talks for another hour. At first he lies and then he eventually confesses. The tape contains a lot of inculpatory info re the two people he shot at and his defense of self and others.About 48 minutes into the tape the officer asks him if he wants to put it in writing .The Defendant says he 's tired and asks if they have been recorded. Officer tells him yes, it's al on Tape and Defendant says that fine I'll ID my voice in court.What do you think? I really need the confession cuz my victims are serving time now for burglaries and one agg sex assault so they are not very credible and may get into court and tell me to stick it since I prosecuted them both within the last 6 months .Set for trial Mon. Defendant has filed no Mtn to suppress but surely he will. If the Judge does the usual knee jerk suppression should I appeal?Thanks for the help.

If the issue is raised at trial, then there will be no appeal by the State. Appears the invocation of counsel was probably scrupulously honored, even though the suspect had more to say immediately thereafter. Of course, the "totality of circumstances inherent in the case must illustrate that the suspect "actually invoke[d] his right." Mayes, 8 S.W.3d at 359. Good luck. This sounds like a Stride or Rolater question.

Martin,

Dear God I just read the original post and I am beginning to talk like the pukes I am prosecuting!!!!!

Why can't I appeal if the Judge suppresses my confession during trial?

Why should I have to play Defense lawyer and Judge????How do we properly prepare for trial if the Defendant waits and makes a jury cool their heels and the judge spinsout of control while we hear a suppression thatshould have been raised prior to trial?

Please pray for me!

Unfortunately, the State has a very limited right to appeal (TRAP, I think says this - devilish name, but appropriate as to the State). The only incentive a defense attorney has to raise suppression issues pretrial is to try to get you to drop your case or plead it down and avoid a trial. I am constantly begging my appellate division to tell me otherwise, but they insist on telling me the law.

FYI, I've also posted additional info to your personal topics.

[This message was edited by Gretchen on 08-06-06 at .]

[This message was edited by Gretchen on 08-06-06 at .]

Sorry, but 44.01(a)(5) has that tricky clause: "if jeopardy has not attached in the case." You may be in that dicey situation, "can't win without the confession, and can't (legally) win with it".