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759 N.E.2d 257

Morgan v. State

Indiana Court of Appeals

Decided December 5, 2001

Indiana Court of Appeals · decided 2001-12-05

Cited by 4 later decisions — most recently December 2007

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2001-12-05

View the full empirical analysis of this case →

BARNES, Judge,

¶1concurring.

¶2I write to fully concur in Judge Matting, ly May's analysis and to emphasize that the conduct of police in situations such as these receives, as it should, our highest level of serutiny.

¶3Investigating and solving a homicide case is a difficult and challenging task for law enforcement. The job is tedious, tiring, and often frustrating. However, one of the bedrock principles of our eriminal justice jurisprudence is that when a suspect asks police for an attorney to advise him-his questioning/interrogation ceases. No ifs, ands, or buts.

¶4In this case, the dialogue between the detective investigating the crime and Morgan was clear, distinct and unmistakable. "I feel more comfortable with a lawyer" is not a phrase subject to interpretation. Like Horton the Elephant of children's books, that phrase means what it says and says what it means.

¶5Because there was other overwhelming evidence of guilt here, this conviction is affirmed. Absent such evidence, I would not have reached this conclusion.

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