State v. Zaremba, No. 23105
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | CHANDLER; GREGORY |
| Citation | 300 S.C. 81,386 S.E.2d 459 |
| Parties | The STATE, Respondent, v. Gregory A. ZAREMBA, Appellant. . Heard |
| Decision Date | 19 October 1989 |
| Docket Number | No. 23105 |
Page 459
v.
Gregory A. ZAREMBA, Appellant.
Decided Dec. 4, 1989.
Page 460
[300 S.C. 82] John D. Crumrine, of Lempesis Law Firm, Charleston, for appellant.
Brady Hair, James E. Gonzales, North Charleston, and S. Melville Coleman, Columbia, for respondent.
CHANDLER, Justice:
Appellant, Gregory A. Zaremba (Zaremba) was convicted of driving under the influence (DUI). We affirm.
On November 7, 1987, Zaremba was arrested for DUI, taken to the police station, placed in front of a video camera, and read his Miranda 1 rights. After requesting counsel, he phoned his attorney who told him to "Go with the flow." The police officer, Craddock, also spoke with Zaremba's attorney, advising that Zaremba was being videotaped. Zaremba again spoke to counsel, saying "I'll just go ahead and go through with it and check with you in a little bit." Upon hanging up, Zaremba said "Okay" to Officer Craddock. During interrogation, Zaremba appeared confused over the date and time, admitting, "I might be under the influence of alcohol." Sobriety tests showed Zaremba to be intoxicated. The sole issue is whether, as contended by Zaremba, the videotaped evidence was obtained in violation of Fifth and Sixth Amendment rights.
[300 S.C. 83] DISCUSSION
An accused suspect who requests an attorney is not subject to further interrogation by police until counsel has been made available. 2 Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). Here, the record reflects both that counsel was made available, and that Zaremba was advised to proceed with the interrogation. Accordingly, no Fifth and Sixth Amendment violations occurred and the videotaped evidence was properly admitted.
Zaremba's remaining exceptions are affirmed pursuant to Supreme Court Rule 23: State v. Parker, 271 S.C. 159, 245 S.E.2d 904 (1978) (Exceptions 1, 2, 6 & 7); State v. Newton, 274 S.C. 287, 262 S.E.2d 906 (1980) (Exceptions 4 & 5).
AFFIRMED.
GREGORY, C.J., and HARWELL, FINNEY and TOAL, JJ., concur.
---------------
1 Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
2 An exception to this rule occurs when an accused initiates further conversation.
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State v. Degnan, No. 23462
...of this Court in State v. Lewis, supra. --------------- 1 We disagree with Degnan's assertion that this Court held in State v. Zaremba, 300 S.C. 81, 386 S.E.2d 459 (1989) that the right to counsel attaches prior to administration of the breathalyzer. Zaremba involved continued interrogation......
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Urban v. Kerscher, Appellate Case No. 2016-001213
...reasoned a parent should be able to regain custody by showing the condition requiring relinquishment has been resolved. Id. at 81, 386 S.E.2d at 459. The court further noted a third party should not be awarded custody of a child over a biological parent through "adverse possession.&quo......
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Dodge v. Dodge, No. 2831.
...parent-child" relationship does not exist between the children and their stepfather or grandparents. See Moore, 300 S.C. at 80-81, 386 S.E.2d at 459 (considering whether psychological parent-child relationship exists in order to determine the degree of attachment). Compare Malpass v. H......
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Middleton v. Johnson, No. 4108.
...such a bond was inadequate to support awarding permanent custody to the custodians where the biological parent was fit. Id. at 80-81, 386 S.E.2d at 459. Notably, the supreme court found the psychological parent-child relationship was built largely upon the custodians' overt acts, which inhi......
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State v. Degnan, No. 23462
...of this Court in State v. Lewis, supra. --------------- 1 We disagree with Degnan's assertion that this Court held in State v. Zaremba, 300 S.C. 81, 386 S.E.2d 459 (1989) that the right to counsel attaches prior to administration of the breathalyzer. Zaremba involved continued interrogation......
-
Urban v. Kerscher, Appellate Case No. 2016-001213
...reasoned a parent should be able to regain custody by showing the condition requiring relinquishment has been resolved. Id. at 81, 386 S.E.2d at 459. The court further noted a third party should not be awarded custody of a child over a biological parent through "adverse possession.&quo......
-
Dodge v. Dodge, No. 2831.
...parent-child" relationship does not exist between the children and their stepfather or grandparents. See Moore, 300 S.C. at 80-81, 386 S.E.2d at 459 (considering whether psychological parent-child relationship exists in order to determine the degree of attachment). Compare Malpass v. H......
-
Middleton v. Johnson, No. 4108.
...such a bond was inadequate to support awarding permanent custody to the custodians where the biological parent was fit. Id. at 80-81, 386 S.E.2d at 459. Notably, the supreme court found the psychological parent-child relationship was built largely upon the custodians' overt acts, which inhi......