State v. Phillips, 365 N.C. 103 (Jun. 16, 2011)

(1) Investigators did not violate the capital defendant’s constitutional right to counsel by continuing to question him after an attorney who had been appointed as provisional counsel arrived at the sheriff’s office and was denied access to the defendant. The interrogation began before the attorney arrived, the defendant waived his Miranda rights, and he never stated that he wanted the questioning to stop or that he wanted to speak with an attorney. (2) Office of Indigent Defense Services statutes and rules regarding an indigent’s entitlement to counsel did not make the defendant’s statement inadmissible. Although the relevant statutes create an entitlement to counsel and authorize provisional counsel to seek access to a potential capital defendant, they do not override a defendant’s waiver of the right to counsel, which occurred in this case.