Schreane v. Ebbert

Edwards was killed in 1991. In 1999, Defendant, incarcerated on unrelated charges, contacted Chattanooga Police, stating he had information related to the unsolved murder. Detective Mathis interviewed Defendant. Defendant was not under arrest or charged with Edwards’ murder at the time of his recorded confession. Mathis testified he did not promise anything in return for the confession; that Defendant waived his right to remain silent and to an attorney; that he talked with Defendant for some time before reading him his Miranda rights because Defendant stated that he had heard about the murder, not that he was involved; and that he told Defendant that he would tell the district attorney’s office that Defendant had come forward and cooperated. Defendant testified that he asked to speak with his attorney but that Mathis stated he did not need an attorney and that Mathis promised him that Defendant would not be charged with the murder and promised to speak with Defendant’s parole officer and the district attorney about other cases in return for cooperation. A jury convicted him of first-degree felony murder and aggravated robbery. The convictions were affirmed on direct appeal; state courts denied post-conviction relief. The district court denied petitions for federal habeas relief. The Sixth Circuit affirmed. The state court’s ruling was objectively reasonable in finding that Defendant was not in custody for Miranda purposes. An individual who is not in Miranda custody has no constitutional right to counsel. View "Schreane v. Ebbert" on Justia Law