PD-1123-08, Jeffrey Daniel Hughen v. State: The CCA granted discretionary review (apparently with oral argument) on its own motion in this aggravated assault case out of Fannin County on the following issue:
Was Appellant’s waiver of counsel during police interrogation valid when he had previously invoked his right to counsel at the time he was brought before a magistrate?
As I previously noted when discretionary review was granted in PD-1124-08, this case deals with the admission of Hughen’s statement to police despite the fact that he requested counsel at magistration. Hughen got into a drunken argument with his girlfriend. When he was magistrate he requested counsel, but later police pulled him out of his cell, read him his rights and he waived them to give him a statement. I would've thought Pecina would've taken care of this case, but perhaps the Court is going to reconsider Holloway v. State.
Hughen actually had two cases, the attempted murder and the aggravated assault. On January 14, 2009, the CCA granted discretionary review in the attempted murder, and you can read the court of appeals opinion in that case here. On April 22, 2009, the CCA granted discretionary review on its own motion in the aggravated assault case. That opinion is more circumspect and merely notes that the companion appeal raises the exact same issue. But, for the sake of completeness, here’s a link to that court of appeals opinion as well. Unpublished, by the way. Also, here’s a link to the court of appeals case info for the attempted murder, and here’s a link to the case info for the aggravated assault. Don't say I never gave you anything.
