McDaniel v. Commonwealth

BENTON, Judge.

Prior to trial, David A. McDaniel filed a motion to suppress statements he made to the police. The trial judge denied the motion and, after a bench trial, convicted McDaniel of statutory burglary, grand larceny, and receiving stolen property. On appeal, McDaniel contends the police interrogated him in violation of his Fifth Amendment right to counsel and the trial judge erred in refusing to suppress his statement. A panel of this Court, with one judge dissenting, reversed the trial judge’s refusal to suppress the evidence. See McDaniel v. Commonwealth, 28 Va.App. 432, 506 S.E.2d…