People v. Crowder

The State appeals from an order of the circuit court of Christian County granting defendant's pretrial motion to suppress certain statements he made to the police while in custody. We affirm and remand. Defendant, Randy Crowder, was charged with burglary and theft. During an initial arraignment proceeding on January 25, 1985, defendant requested a public defender and one was appointed. Arraignment was continued. The public defender represented defendant at a February 6, 1985, proceeding, which included arraignment and a preliminary hearing. Counsel also represented defendant at a hearing on his motion for reduction of bond on February 25, 1985. Thereafter and prior to trial defendant moved for the suppression of certain statements that he had made to police officers in the absence of counsel on the evening of February 25, 1985, while he was incarcerated. In his motion defendant claimed that the statements had been elicited in violation of his constitutional rights under the fourth, fifth, sixth, and fourteenth amendments. Defendant maintained that he had not voluntarily, knowingly, and intelligently waived his Miranda rights and that he had not knowingly or voluntarily consented to the absence of counsel. Following a hearing the trial court granted defendant's motion, and the State has appealed from the order granting the motion.