Reese v. State
| Decision Date | 29 October 1969 |
| Docket Number | No. A--14617,A--14617 |
| Citation | 462 P.2d 331 |
| Parties | William McKinley REESE, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court
1. Prior to any in-custody police questioning the accused must be warned in clear and unequivocal terms, (1) that he has a right to remain silent; (2) that any statements that he does make may be used as evidence against him; (3) that he has a right to consult with, and have present, prior to, and during interrogation, an attorney either retained or appointed; and, (4) that if he cannot afford an attorney, one will be appointed for him prior to any questioning, if he so desires.
2. Each of these four warnings must be given and it is not sufficient to give some, but not all, of the warnings. The result of any questioning which is not in compliance with these requirements would be inadmissible in a trial.
3. Where police officer testified that he advised defendant that he would be appointed an attorney In the event the case came to court, and subsequently testified as to an admission or confession given by defendant during interrogation, Court of Criminal Appeals will reverse said cause for a new trial.
Appeal from the District Court of Oklahoma County; William S. Myers, Jr., Judge.
William McKinley Reese was convicted of Unauthorized Use of a Motor Vehicle, was sentenced to five years in the penitentiary, and appeals. Reversed and remanded for a new trial.
Don Anderson, Public Defender, Homer Thompson, Asst. Public Defender, Oklahoma County, for plaintiff in error.
G. T. Blankenship, Atty. Gen., H. L. McConnell, Asst. Atty. Gen., for defendant in error.
Plaintiff in error, William McKinley Reese, hereinafter referred to as the defendant, was charged in the District Court of Oklahoma County with the crime of Larceny of an Automobile, Title 21, Okl.St.Ann. § 1720. He was tried by a jury, found guilty of Unauthorized Use of a Motor Vehicle, Title 47, Okl.St.Ann. § 4--102, and sentenced to five years in the penitentiary. From that judgment and sentence he has appealed to this Court.
We need not go into all the facts of this case, as there is such an apparent error herein, this cause will have to be reversed and a new trial held.
The error of which we speak appears in the testimony of Oklahoma City Police Officer Rex Barrett, as follows:
'Q. What was the conversation after that in regard to the stolen vehicle from the location mentioned?
A. Well, I told him that they--we had information that there had been a Chevrolet pick up stolen from 3001 North Lincoln and this pick up was a blue pick up, it had Willis Champlin on the side and it was bearing 67 Oklahoma 124387 and I asked him what he knew about the truck and he said prior to the theft of the truck he had discussed in with another person and they took the car--er--the pick up from a parking lot there at 3001 North Lincoln and they were stopped by some officers at--I believe it was 7th and North Durland and just prior to them being stopped, they had talked about ditching it.'
And, on cross-examination, officer Barrett stated:
'Q. Officer, you said you advised this defendant of his rights before you talked to him?
A. Yes, sir.
Q. I believe your testimony was that you told him that if he couldn't afford an attorney, one would be appointed for him?
A. YES, SIR,...
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Jones v. State
...(10 Cir. 1968); Fendley v. United States, 384 F.2d 923 (5 Cir. 1967); Square v. State, 283 Ala. 548, 219 So.2d 377 (1969); Reese v. State, 462 P.2d 331 (Okl.Cr.1969); State v. Creach, 77 Wash.2d 194, 461 P.2d 329 (Wash.1969).' The court's rationale is equally applicable to the case at bar. ......
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United States ex rel. Williams v. Twomey, 71-1682.
...(10 Cir. 1968); Fendley v. United States, 384 F.2d 923 (5 Cir. 1967); Square v. State, 283 Ala. 548, 219 So.2d 377 (1969); Reese v. State, 462 P.2d 331 (Okl.Cr.1969); State v. Creach, 77 Wash.2d 194, 461 P.2d 329 (Wash.1969). If an interrogation is conducted without an attorney present and ......
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Rowbotham v. State
...law among the circuits and state courts is contradictory on this question. 3 Today we reverse our holding enunciated in Reese v. State, Okl.Cr., 462 P.2d 331 (1969) and Schorr v. State, Okl.Cr., 499 P.2d 450 (1972), insofar as they are inconsistent with this opinion, and adopt the reasoning......
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Schorr v. State
...time. You also have the right to stop answering at any time until you talk to a lawyer.' (Emphasis added.) By reason of Reese v. State, Okl.Cr., 462 P.2d 331 (1969), the rights warning given appellant in this case, on its face, is fatally defective. For in Reese, supra, this Court held in s......