Legal Opinion · Concurring in part, dissenting in part

Com. v. Hilliard

Supreme Court of Virginia

Decided June 9, 2005No. Record 042204Published

1Concurring in part, dissenting in part

--------------- Justice AGEE, concurring in part and dissenting in part.

I join the majority in affirming that portion of the Court of Appeals judgment that (1) Hilliard failed to properly preserve his Sixth Amendment claim for appeal and (2) neither of Hilliard's first two purported requests for an attorney constituted a clear invocation of his right to counsel. However, I write separately because I disagree that Hilliard's third alleged request for an attorney "express[ed] an unequivocal request for counsel."

The right to counsel established in Miranda v. Arizona, 384 U.S. 436 , 469-73, 86…

2Cases cited6 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Edwards v. ArizonaSupreme Court of the United States · 1981
  3. Davis v. United StatesSupreme Court of the United States · 1994
  4. Michigan v. TuckerSupreme Court of the United States · 1974
  5. Commonwealth v. RedmondSupreme Court of Virginia · 2002

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