2008AP3007-CR State v. Forbush

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Criminal Procedure
Right to counsel

Where a prisoner has invoked his right to counsel and counsel is not present when he is asked to waive the right he previously invoked, his right to counsel is violated.

“I conclude that in the factual context herein presented, Montejo does not sanction the interrogation that occurred. We so conclude because Forbush’s right to counsel under the federal or state constitution had attached and was invoked affirmatively by Forbush before the investigator’s questioning was initiated. I also conclude that the circuit court’s finding that the investigator knew Forbush had secured legal counsel for the pending charges is not clearly erroneous. Furthermore, Forbush was not required to ‘re-invoke’ his right to counsel when the investigator initiated interrogation. Accordingly, we reverse the decision of the court of appeals and affirm the suppression order of the circuit court.”

2008AP3007-CR State v. Forbush

Roggensack, J.

Attorneys: For Appellant: DeCecco, Joseph R., Sheboygan; O’Neil, Aaron R., Madison; For Respondent: Mastantuono, Craig A., Milwaukee; Coffee, Rebecca M., Milwaukee

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