Matter of Ashby

BROCK, Chief Judge.

The arresting officer testified: “I placed the respondent Randy Lee Ashby under arrest and informed him of his Miranda rights. I then asked him if he wanted to answer any questions and he stated that he would.”

Defense counsel immediately objected to any testimony of what respondent may have said “on the basis that there has been no affirmative showing that respondent waived his right to counsel.”

The trial judge overruled respondent’s objection and the arresting officer proceeded to relate the statement respondent made to him.

The opinions of our Supreme Court “make it clear…