UNITED STATES OF AMERICA, APPELLEE,
v.
TALMADGE HILTON OGLE, APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a confession is admissible if the defendant was properly given Miranda warnings and voluntarily waived his right to counsel.
The defendant was indicted for transporting a stolen motor vehicle and found guilty by a jury. The admissibility of his confession to an FBI agent was…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Counsel During Interrogation cases and more on FLexlaw
PER CURIAM:
Talmadge Hilton Ogle was indicted for the transportation of a motor vehicle from Laurel, Mississippi to Marengo County, Alabama, knowing it to have been stolen. A jury at Mobile deliberated eleven minutes before finding him guilty as charged. The government proved the offense by the testimony of the owner of the automobile, the defendant’s sister, and two Alabama officers. This evidence was never, in any respect, disputed.
The prosecutor proceeded, however, to introduce a confession given by the defendant to an agent of the Federal Bureau of Investigation. The admissibility of this confession is the sole issue raised on this appeal.
In a hearing before the Court in chambers Ogle emphatically denied that the agent gave him full and complete Miranda warnings. The agent, subjected to careful questioning by the Court, testified to the contrary. The Court then found that the warnings were, in fact, given. Since we are unable to say that this finding was clearly erroneous appellate intervention on this score is not justified.
Appellant says, however, that he had an absolute right to the presence of counsel during the interrogation. In other words, he contends that no interrogation or subsequent confession can be valid under any circumstances unless in the presence of counsel.
One has only to read Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966) . to see that this contention is not well taken. Before an in-custody interrogation an accused must be fully advised of his right to counsel. When so advised he may thereafter voluntarily, knowingly, and intelligently waive the right, Gilpin v. United States, 415 F. 2d 638, 5 Cir., 1969; United States v. Venere, 416 F. 2d 144, 5 Cir., 1969.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
State v. Lon S. Hysell, 281 So. 2d 417 (Fla. 2d DCA 1973)
-
United States v. Montos, 421 F.2d 215 (5th Cir. 1970)
-
United States v. James, 528 F.2d 999 (5th Cir. 1976)
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Gilpin v. United States, 415 F.2d 638 (5th Cir. 1969)
- United States v. Venere, 416 F.2d 144 (5th Cir. 1969)