State v. Crouch, No. 17247
| Court | Supreme Court of West Virginia |
| Writing for the Court | BROTHERTON; McGRAW |
| Citation | 358 S.E.2d 782,178 W.Va. 221 |
| Parties | STATE of West Virginia v. Lanny CROUCH, Jr. |
| Decision Date | 15 May 1987 |
| Docket Number | No. 17247 |
Page 782
v.
Lanny CROUCH, Jr.
West Virginia.
Rehearing Denied July 16, 1987.
1. For a recantation of a request for counsel to be effective: (1) the accused must initiate a conversation; and (2) must knowingly and intelligently, under the totality of the circumstances, waive his right to counsel.
2. "Instructions that are repetitious or are not supported by the evidence should not be given to the jury by the trial court." Syl. pt. 7, State v. Cokeley, 159 W.Va. 664, 226 S.E.2d 40 (1976).
3. "The object of the law is, in all cases in which juries are impaneled to try the issue, to secure men for that responsible duty whose minds are wholly free from bias or prejudice either for or against the accused...." Syl. pt. 1, in part, State
Page 783
[178 W.Va. 222] v. Hatfield, 48 W.Va. 561, 37 S.E. 626 (1900).Gayle Fiedler, Asst. Atty. Gen., for appellant.
D. Grove Moler, Moler & Staton, Mullens, for appellee.
BROTHERTON, Justice:
Lanny Crouch, Jr. appeals from a jury verdict in the Circuit Court of Wyoming County, which found him guilty of first degree murder without a recommendation of mercy. The primary error alleged is that the appellant's written confession was erroneously admitted under the rule in Michigan v. Jackson, 475 U.S. 625, 106 S.Ct. 1404, 89 L.Ed.2d 631 (1986).
Kelly Wiles was shot and killed while standing in the door of his residence, which is located on Pinnacle Creek in Wyoming County, in the early morning hours of April 24, 1985. Around noon the same day, Greg Ervin and his father came to the Wyoming County sheriff's office and told the sheriff that Greg Ervin had seen the appellant, Lanny Crouch, Jr., shoot Kelly Wiles. Crouch was arrested at his home shortly thereafter, and was taken directly to a magistrate. He waived a preliminary hearing, but did request appointment of an attorney. The sheriff was present at the arraignment and admitted knowledge of the request for an attorney. Crouch was then taken to the Wyoming County jail. At 4:37 p.m., still on April 24, Crouch gave a statement to Deputy Sheriff Janet Morgan, which said that he shot Kelly Wiles. The form on which the statement was recorded included a printed statement that "I hereby expressly waive my right to the advice of counsel, and voluntarily make the following statement to the aforesaid person, knowing that any statement I make may be used against me in the trial or trials for the offense or offenses concerning which the following statement is herein made." No attorney had yet been appointed, and none was present, when Crouch made his statement.
Deputy Sheriff Janet Morgan testified at trial that Lanny Crouch approached her at the jail, calling her by name, and asked if he could talk to her privately. She asked the sheriff, who said it would be all right to take a statement "if he wants to talk." A printed form showing that Lanny Crouch, Jr. had been advised of his rights prior to the taking of the statement was introduced in conjunction with her testimony. Lanny Crouch did not testify at trial, but did testify at an in camera hearing on the issue of admitting the confession. He said that Janet Morgan approached him, saying that she was a friend of his father's and would treat him like his father would treat her son. He said that she asked him to come downstairs to her office to talk, and that she would take some notes for the purpose of conveying a message to his father. He also testified that he thought he was signing a release of belongings, not a confession. Crouch said he was not told what was in the written statement, but was only told to sign it. However, Deputy Sherill Parker also testified that he had read Crouch the statement and asked him if it was his prior to the signing. Crouch also insisted that he told Janet Morgan he did not commit the crime.
Based on the evidence introduced in the courtroom and at the in camera hearing, the trial court found that Crouch had voluntarily approached Deputy Sheriff Janet Morgan, and that he had made a voluntary and knowing waiver of his right to counsel, and that the confession should therefore be admitted into evidence.
I.
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State v. Kilmer, No. 21504
...(2) must knowingly and intelligently, under the totality of the circumstances, waive his right to counsel." Syl. Pt. 1, State v. Crouch, 178 W.Va. 221, 358 S.E.2d 782 (1987). 3. "The delay in taking the defendant to a magistrate may be a critical factor where it appears that the primary pur......
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In re Stephen Tyler R., No. 30654.
...proceeding "is not absolute and can be waived by the voluntary action of the defendant" (citation omitted)); Syl. pt. 1, State v. Crouch, 178 W.Va. 221, 358 S.E.2d 782 (1987) ("For a recantation of a request for counsel to be effective: (1) the accused must initiate a conversation; and (2) ......
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State v. Barrow, No. 16370
...must be shown in addition to the customary Miranda warnings." 4 We recently recognized the principle of Jackson in State v. Crouch, 178 W.Va. 221, 358 S.E.2d 782 (1987). In Crouch, we had the question of whether Jackson permits interrogation if the accused subsequently initiates conversatio......
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State v. Moss, No. 17063
...1404, 1408-1410, 89 L.Ed.2d 631 (1986)); see also Syl.Pt. 1, State v. Barrow, 178 W.Va. 406, 359 S.E.2d 844 (1987); State v. Crouch, 178 W.Va. 221, 358 S.E.2d 782 17 West Virginia Code § 49-5-8(d) (1986 Replacement Vol.) provides, in relevant part, that: A child in custody must immediately ......
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State v. Kilmer, No. 21504
...(2) must knowingly and intelligently, under the totality of the circumstances, waive his right to counsel." Syl. Pt. 1, State v. Crouch, 178 W.Va. 221, 358 S.E.2d 782 (1987). 3. "The delay in taking the defendant to a magistrate may be a critical factor where it appears that the primary pur......
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In re Stephen Tyler R., No. 30654.
...proceeding "is not absolute and can be waived by the voluntary action of the defendant" (citation omitted)); Syl. pt. 1, State v. Crouch, 178 W.Va. 221, 358 S.E.2d 782 (1987) ("For a recantation of a request for counsel to be effective: (1) the accused must initiate a conversation; and (2) ......
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State v. Barrow, No. 16370
...must be shown in addition to the customary Miranda warnings." 4 We recently recognized the principle of Jackson in State v. Crouch, 178 W.Va. 221, 358 S.E.2d 782 (1987). In Crouch, we had the question of whether Jackson permits interrogation if the accused subsequently initiates conversatio......
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State v. Moss, No. 17063
...1404, 1408-1410, 89 L.Ed.2d 631 (1986)); see also Syl.Pt. 1, State v. Barrow, 178 W.Va. 406, 359 S.E.2d 844 (1987); State v. Crouch, 178 W.Va. 221, 358 S.E.2d 782 17 West Virginia Code § 49-5-8(d) (1986 Replacement Vol.) provides, in relevant part, that: A child in custody must immediately ......