Criminal Procedure — Miranda warnings

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Wisconsin Supreme Court

Criminal

Criminal Procedure — Miranda warnings

A suspect can withdraw a request for an attorney by voluntarily reinitiating questioning.

“We conclude that David Stevens withdrew his request for an attorney by voluntarily initiating a request to resume the questioning. He knowingly, intelligently, and voluntarily provided an incriminating statement to his interrogator after he was given a second Miranda warning. Although Stevens validly invoked his right to counsel, he cancelled his invocation of that right by initiating a dialogue in which he asked to continue the interrogation. This cancellation of the request for counsel was confirmed by the fact that Stevens made no effort to secure counsel while his interrogator was absent, by his recorded agreement that he initiated the conversation asking to resume questioning, and by his waiver of the right to counsel after receiving a second Miranda warning.”

Affirmed.

2009AP2057-CR State v. Stevens

Prosser, J.

Attorneys: For Appellant: Wellman, Sally L., Madison; Carter, Lloyd V., Waukesha; For Respondent: LaZotte, Paul G., Madison