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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: JULIE ANN SLAUGHTER Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ASHANTI CLEMONS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0703-CR-319

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Tanya Walton Pratt, Judge Cause No. 49G01-0509-FA-148898

December 31, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Ashanti Clemons ("Clemons") appeals his voluntary manslaughter conviction, arguing that the trial court abused its discretion when it admitted a videotaped statement that he gave to police because his waiver of Miranda rights was not knowing, voluntary, or intelligent, and that the police violated his Fifth Amendment right to counsel by ignoring his request for counsel. He additionally contends that the evidence is

insufficient to support his conviction. Finding that Clemons knowingly, voluntarily, and intelligently waived his Miranda rights, that his Fifth Amendment right to counsel was not violated, and that sufficient evidence exists to support his conviction, we affirm the judgment of the trial court. Facts and Procedural History On August 30, 2005, Clemons, who lived with his mother, Letiate Tate ("Tate"), argued with Prentice Webster ("Webster") in the upstairs hallway of Tate's apartment building. Shortly thereafter, Webster died from multiple gunshot wounds. Police

searched the apartment complex for witnesses and were told that Webster was heard saying to Clemons "get off of me," Tr. p. 93, and that someone had been entering and exiting Tate's apartment. A witness saw a man run into an apartment wearing a white tshirt and leave a few minutes later wearing a black shirt. Police knocked on Tate's door, and when she opened it, they observed bullets, a box full of live ammunition rounds, and several live rounds scattered on Tate's living room floor, all of which were consistent in caliber, brand, and composition to the fired casings. The police also observed a white tshirt on Tate's living room couch. Tate informed the police where they could find 2

Clemons. When the police located Clemons, he was wearing a black shirt and agreed to go to the police station for questioning. Once there, the police conducted a videotaped interview of Clemons. A police officer read aloud the advisement of each Miranda right to Clemons and then handed him the Advice of Rights/Waiver of Rights form ("the form") for him to initial by each right if he understood it. Clemons wrote his initials next to each right. The officer then read aloud to Clemons the waiver of rights portion of the form and again handed him the form and requested that he initial by each statement to indicate his understanding. Clemons wrote his initials next to each statement and signed the waiver. During this process, the officer explained certain words and concepts from the form that he feared Clemons might not understand. For example, the officer explained the meaning of the word "coercion" and what it meant to say that he would "make a statement." Ex. p. 37-38. Clemons gave no indication that he did not understand what these rights meant after they were explained to him. During his interview with the officer, Clemons made certain comments

indicating to the officer that he understood and was fully aware of his rights. For instance, Clemons stated, "You see what I'm saying, I mean I, like you read, read my rights, you see what I'm saying, I don't have to, I've got the right, you see what I'm saying to stop talking at any time or whatever." Id. at 57. Clemons also admitted to carrying a gun without a license and that he fired the gun. The State charged Clemons with Count I, Voluntary Manslaughter as a Class A felony,1 and Count II, Carrying A Handgun Without A License as a Class A
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Ind. Code

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