Shawn Wilkerson v. State of Arkansas, 365 Ark. 349

229 S.W.3d 896 (2006) · Supreme Court of Arkansas · February 23, 2006 · No. CR 05-1187

Summary

The Supreme Court of Arkansas affirmed Shawn Wilkerson’s capital-murder conviction and life sentence. The court held that the Miranda warnings given by Texas authorities adequately conveyed the right to appointed counsel and that, in any event, the later Arkansas warning and the totality of the circumstances established a knowing and intelligent waiver. The court also rejected Wilkerson’s reliance on Missouri v. Seibert because he made no unwarned confession before receiving the warnings.

Holdings

  1. The Texas warning adequately conveyed Wilkerson's right to retained or appointed counsel because it stated that, if he was unable to employ a lawyer, he had the right to have one appointed before or during questioning.
  2. Wilkerson knowingly and intelligently waived his Miranda rights under the totality of the circumstances.
  3. Missouri v. Seibert did not invalidate Wilkerson's confession because he was warned before making a statement and did not first provide an unwarned confession that was later repeated.

Questions Presented

  1. Whether the Texas Miranda warning adequately informed Wilkerson that he had the right to appointed counsel if he could not afford an attorney.
  2. Whether, under the totality of the circumstances, Wilkerson knowingly and intelligently waived his Miranda rights before confessing.
  3. Whether the police interrogation violated Missouri v. Seibert by using an ineffective midstream-warning technique.

Disposition

affirmed

Cases Cited (12)

  • Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966)(followed)
  • Mauppin v. State, 309 Ark. 235, 831 S.W.2d 104 (1992)(followed)
  • Colorado v. Spring, 479 U.S. 564, 107 S. Ct. 851, 93 L. Ed. 2d 954 (1987)(followed)
  • Moran v. Burbine, 475 U.S. 412, 106 S. Ct. 1135, 89 L. Ed. 2d 410 (1986)(followed)
  • Colorado v. Connelly, 479 U.S. 157, 107 S. Ct. 515, 93 L. Ed. 2d 473 (1986)(followed)
  • Oregon v. Elstad, 470 U.S. 298, 105 S. Ct. 1285, 84 L. Ed. 2d 222 (1985)(followed)
  • Fare v. Michael C., 442 U.S. 707, 99 S. Ct. 2560, 61 L. Ed. 2d 197 (1979)(followed)
  • Grillot v. State, 353 Ark. 294, 107 S.W.3d 136 (2003)(followed)
  • Mayfield v. State, 293 Ark. 216, 736 S.W.2d 12 (1987)(followed)
  • California v. Prysock, 453 U.S. 355, 101 S. Ct. 2806, 69 L. Ed. 2d 696 (1981)(followed)

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