U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Hyatt v. Branker, 08-15

In a capital habeas matter, the denial of Petitioner's petition is affirmed, where: 1) a law enforcement officer did not hear Petitioner make an unequivocal request for counsel prior to making his confession; and 2) the state court did not err in holding that Petitioner waived his right to counsel during a custodial interrogation.

Read Hyatt v. Branker, 08-15

Appellate Information

Argued: May 14, 2009

Decided: June 23, 2009


Judge Motz delivered the opinion of the Court.


For Appellant:

Milton Gordon Widenhouse, Jr., Rudolf, Widenhouse & Fialko, Chapel Hill, NC

Faith S. Bushnaq, Bushnaq Law Office, PLLC, Charlotte, NC

For Appellee:

Valerie Blanche Spalding, North Carolina Department of Justice, Raleigh, NC

Roy Cooper, Attorney General of North Carolina, Raleigh, NC