S.Ct. 2568, 37 L.Ed.2d 619] (1973)[; see also] Johnson v. Zerbst, 304 U.S. 458, 462-463 [58 S.Ct. 1019, 82 L.Ed. 14611(1938).... Id. at 188-89 L104 S.Ct. 2292], State v. McWhorter, No. M2004-02804-CCA-R3-CD, 2005 WL 3332755, at *6 (Tenn.Crim. App. Dec.6, 2005). In Tennessee, the Sixth Amendment right to counsel attaches with the initiation of criminal charges through an arrest warrant, a preliminary hearing (if no arrest warrant is issued), or an indictment or presentment (when the charge is initiated by the grand jury). State v. Mitch spect's question “it ain’t possible that I could have a lawyer?” "did not articulate his request for counsel with such clarity that a reasonable police officer would believe his statement to be a request for an attorney”); Osborne, 2007 WL 1890176, at *9 (<HOLDING>). 9 . The Ninth Circuit also observed, as we
holding that accuseds request for counsel was equivocal when he read the statement on the miranda waiver form i do not want a lawyer at this time immediately said yes i do then read the remainder of the form aloud and signed the waiver of rights holding that whether waiver form satisfied miranda was immaterial because of the adequacy of the subsequent oral warning holding that the failure to sign a miranda form in full does not necessarily invalidate the waiver holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection holding suspects contradictory answers on miranda waiver form that he would answer questions without an attorney and that he wanted to talk to a lawyer to be ambiguous