Daugherty v. State

[32] I concur that a conviction should be affirmed, but not for First Degree Murder. Considering the facts of this case, I firmly believe appellant's conviction should be modified to First Degree Manslaughter and that the sentence should be likewise modified.

[33] I also question the validity of the statements made by appellant during the initial interrogation. When he was asked if he wanted to talk, appellant replied, "I guess." During the interrogation appellant's mother asked, "Do you think I should get a lawyer?" These questions cast some doubt on the intelligent waiver of rights.…