United States v. Joseph Lee Dowells

Appellant was charged and convicted by a jury of robbing a national bank in Pasadena, California, on January 15, 1968. His conviction rested on eye-witness identification and his confession.

During the trial, the trial judge had a hearing as to the voluntariness of the confession, and ruled it admissible. Four grounds of inadmissibility of the confession were raised at the trial — but two are waived on this appeal. The only questions now raised are: Was the confession inadmissible because defendant was denied counsel? And, was it inadmissible because defendant did not knowingly waive right to counsel ?

Prior to the date of the confession here involved (confession of March 31, 1968) appellant had been charged and arraigned on the charge of robbing another national bank in Culver City, California, on January 22, 1968. At his arraignment on March 20, 1968, on the January 22, 1968, robbery, he had asked for an attorney, and one had been appointed for him in that case.

While in jail awaiting trial, appellant was questioned concerning the earlier, but then uncharged Pasadena robbery. He was given a full Miranda warning, and thereafter read and signed a waiver of his rights.

At no…