Appellate Practice Section

In a unanimous opinion, the Tennessee Supreme Court Friday ordered a new trial for a Gibson County man after determining that statements he made during a police interrogation should not have been used as evidence at trial. The case involves the 2007 arrest of David H. Climer Jr., during which he asked whether he could “have … an appointed lawyer right now.” The detective questioning him said “not at this time” and proceeded to question him for three hours. The trial and appeals courts found that the statements were properly admitted because Climer never unequivocally invoked his right to counsel. The Supreme Court disagreed, saying the prosecution failed to prove that the defendant understood and waived his constitutional right to appointed counsel. Download the opinion.