Hedgecough v. State, No. 2--1274A298

Docket NºNo. 2--1274A298
Citation328 N.E.2d 230, 164 Ind.App. 224
Case DateMay 19, 1975

Page 230

328 N.E.2d 230
164 Ind.App. 224
Jerry HEDGECOUGH, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below).
No. 2--1274A298.
Court of Appeals of Indiana, First District.
May 19, 1975.

Stephen J. Cuthbert, Lafayette, for appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for appellee.

Page 231

LYBROOK, Judge.

Defendant-appellant Hedgecough was convicted of second degree burglary after a jury trial.

The sole error assigned in his appeal involves the propriety of the trial court in failing to suppress his written confession which was admitted into evidence at trial. Defendant's argument concerns a waiver form signed by him, which he contends contains confusing language and was not adequately explained to him.

We affirm, holding that the trial court did not err in admitting defendant's written confession into evidence.

Prior to giving his written statement defendant had been [164 Ind.App. 225] in custody of the Lafayette police undergoing interrogation regarding a stolen vehicle. After declining to discuss that matter further, Hedgecough requested permission to talk to Lt. Worthington of the Tippecanoe County Sheriff's Department. He was then taken to the county jail where he conversed with Lt. Worthington and Sgt. Wise, the latter explaining his rights to him. Hedgecough then signed a Warning and Waiver form, which read as follows:

'WARNING AND WAIVER

Warning as to Rights

Before we ask you any questions, it is our duty as police officers to advise you of your rights and to warn you of the consequences of waiving your rights.

You have the absolute right to remain silent.

Anything you say to us can be used against you in court.

You have the right to talk to an attorney before answering any questions and to have an attorney present with you during questioning.

You have this same right to the advice and presence of an attorney whether your can afford to hire one or not. We have no way of furnishing you with an attorney, but one will be appointed for you, if you wish, if and when you go to court.

If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to an attorney.

Waiver

I have read the above statement of my rights, and it has been read to me. I understand what my rights are. I wish to make a voluntary statement, and I do not want an attorney. No force, threats, or promises of any kind or nature have been used by anyone in any way to influence me to waive my rights. I am signing this statement after having been advised of my rights before any questions have been...

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8 practice notes
  • Paxton v. Paxton, No. 2-980A298
    • United States
    • Indiana Court of Appeals of Indiana
    • June 1, 1981
    ...its affirmative duty to evaluate "the ability of the spouse for whom maintenance is sought to meet his needs." Temple v. Temple, supra, 328 N.E.2d at 230. In sum, the provision for maintenance by the trial court to Jo Ann can be supported on the basis that Austin's social security disabilit......
  • Coleman v. State, No. 185S20
    • United States
    • Indiana Supreme Court of Indiana
    • March 25, 1986
    ...It is simply one factor for the trial court to weigh in considering the voluntariness of a statement. Hedgecough v. State (1975), 164 Ind.App. 224, 226, 328 N.E.2d 230, Appellant points to no independent evidence that indicates he was so intoxicated or under the influence of drugs at the ti......
  • Farthing v. Farthing, No. 2-676A244
    • United States
    • Indiana Court of Appeals of Indiana
    • November 2, 1978
    ...from whom the maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance." Temple v. Temple, supra, 328 N.E.2d at 230. See also Newman v. Newman, supra, 355 N.E.2d 867; Liszkai v. Liszkai (2d Dist. 1976) Ind.App., 343 N.E.2d While the statutory requirement......
  • Marriage of Dillman, In re, No. 4-684A162
    • United States
    • Indiana Court of Appeals of Indiana
    • May 21, 1985
    ...of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance. Id. at 219, 328 N.E.2d at 230. The trial court has discretionary power to award maintenance. Temple, supra. Our review, as in other cases involving the exercise of discreti......
  • Request a trial to view additional results
8 cases
  • Paxton v. Paxton, No. 2-980A298
    • United States
    • Indiana Court of Appeals of Indiana
    • June 1, 1981
    ...its affirmative duty to evaluate "the ability of the spouse for whom maintenance is sought to meet his needs." Temple v. Temple, supra, 328 N.E.2d at 230. In sum, the provision for maintenance by the trial court to Jo Ann can be supported on the basis that Austin's social security disabilit......
  • Coleman v. State, No. 185S20
    • United States
    • Indiana Supreme Court of Indiana
    • March 25, 1986
    ...It is simply one factor for the trial court to weigh in considering the voluntariness of a statement. Hedgecough v. State (1975), 164 Ind.App. 224, 226, 328 N.E.2d 230, Appellant points to no independent evidence that indicates he was so intoxicated or under the influence of drugs at the ti......
  • Farthing v. Farthing, No. 2-676A244
    • United States
    • Indiana Court of Appeals of Indiana
    • November 2, 1978
    ...from whom the maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance." Temple v. Temple, supra, 328 N.E.2d at 230. See also Newman v. Newman, supra, 355 N.E.2d 867; Liszkai v. Liszkai (2d Dist. 1976) Ind.App., 343 N.E.2d While the statutory requirement......
  • Marriage of Dillman, In re, No. 4-684A162
    • United States
    • Indiana Court of Appeals of Indiana
    • May 21, 1985
    ...of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance. Id. at 219, 328 N.E.2d at 230. The trial court has discretionary power to award maintenance. Temple, supra. Our review, as in other cases involving the exercise of discreti......
  • Request a trial to view additional results

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