State v. Davis

In State v. Davis, 265 N.C. 720, 145 S.E.2d 7 (1965), cert. denied, 384 U.S. 907, 16 L. Ed. 2d 360, 86 S. Ct. 1344 (1966), the SUPREME COURT OF NORTH CAROLINA held that evidence of the defendant's intoxication was properly admitted in his trial for assault with attempt to commit rape. The Court stated, "it is not required that evidence bear directly on the question in issue, but it is competent if it shows circumstances surrounding the parties necessary to an understanding of their conduct and motives . . . ." Id. at 723, 145 S.E.2d at 10. In State v. Davis, 305 N.C. 400, 415, 290 S.E.2d 574, 583 (1982), the Court held that a suspect's statement, "Maybe I should talk to a lawyer," was not a request for counsel. See id. at 462, 129 L. Ed. 2d at 373. In reaching this conclusion, the Court emphasized the importance of context. The defendant in Davis made the statement about an hour and a half into his interrogation, at which point officers asked the defendant whether he was asking for a lawyer or just making a comment about a lawyer. See id. at 455, 129 L. Ed. 2d at 368. Because a reasonable officer under the circumstances would not have understood the Davis defendant's statement to be a request for an attorney, the Court ruled the defendant's right to an attorney was not violated when defendant responded that he did not want a lawyer and officers resumed questioning. See id. at 459, 129 L. Ed. 2d at 371.