McCarty v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of first-degree murder with the use of a deadly weapon, one count of conspiracy to commit murder, and related crimes. Defendant was sentenced to death for each murder. The district court denied Defendant’s motion so suppress statements he made in two interviews with police after his initial appearance before a magistrate. The Supreme Court reversed, holding (1) the district court did not err in denying Defendant’s motion to suppress, as his Sixth Amendment right to counsel attached at his initial appearance before the magistrate, but Defendant waived his right to have counsel present at the subsequent interviews; but (2) the district court clearly erred when it rejected Defendant’s objection under Batson v. Kentucky to the State’s use of a peremptory challenge to remove an African American from the venire during jury selection. Remanded.
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