Alston v. Commonwealth

The question for decision in this case is whether the Court of Appeals erred in approving the trial court’s admission into evidence of an uncounseled custodial statement made by the defendant when he was represented by counsel previously appointed on an unrelated charge. Finding that the Court of Appeals did not err, we will affirm its judgment.

The record shows that in the early morning hours of February 12, 2000, the defendant, Anthony T. Alston, broke into the Tidewater Feed and Seed Store (Feed and Seed) in the 3400 block of George Washington Highway in the City of Portsmouth and stole…