Hayes v. State

Appellant was convicted of robbery in the first degree in violation of § 13A-8-41, Code of Alabama 1975. Sentence was fifteen years in the penitentiary. Two issues are presented on appeal.

The first issue concerns appellant's waiver of his right to counsel after initially requesting counsel. After the arrest, Hayes was given his Miranda rights and asked to sign a waiver form. At that point, he indicated that he wanted to call his lawyer.

On voir dire examination, the police officer in charge of the interrogation testified that all questioning stopped when Hayes asked to call his lawyer. The…