William Trampas Widmyer v. David Ballard, Warden
CriminalProcedure HabeasCorpus
Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's Police interview was used in trial although Petitioner requested Counsel before the police interview was conducted without counsel present and after the Miranda Rights were read to Petitioner?
QUESTION(S) PRESENTED 1. Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's Police interview was used in trial although Petitioner requested | Counsel before the police interview was conducted without counsel present and after the Miranda Rights were read to Petitioner? 2. Were the Petitioner's Constitutional Amendment Rights violated when Petitioner wanted to “wait and talk to a lawyer” before interviewing with any police but the Northern District Court of West Virginia stated that “‘wait...talk to a lawyer” was not a clear indication of his desire to obtain the assistance of counsel” and the Fourth Circuit Court‘of Appeals upheld the decision? What statement constitutes the request for an attorney? 3. Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's trial counsel told the jury he was guilty of murder without the Petitioner's consent and against the Petitioner's approval, in fact frustrated the Petitioner. :