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Tag Archives: right to counsel

Court considers clarifying right to counsel

On television, interrogation of a suspect in police custody immediately ceases upon the arrival of an attorney hired by a family member, whether the suspect has invoked his right to counsel or not.

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2008AP3007-CR State v. Forbush

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 ...

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10-1831 U.S. v. Mitchell

Criminal Procedure Right to counsel It did not violate a defendant’s right to counsel for the court to make disparaging remarks about how many different lawyers he had had. “We agree that it would be constitutionally problematic for a district court to punish a defendant at sentencing for the exercise of his Sixth Amendment right to counsel. But that is ...

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2010AP1090-CR State v. Boyd

Criminal Procedure Right to counsel Where a defendant could not show how his disagreements with his attorney were prejudicing his defense, the court properly denied his request for new counsel five days made before trial. “[E]ven though a trial court does not make an exhaustive ‘full inquiry,’ its decision to not permit an indigent defendant to get a new lawyer ...

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2009AP2057-CR State v. Stevens

Criminal Procedure Right to counsel; waiver In this appeal, the State of Wisconsin argues that the circuit court erroneously suppressed David Stevens’ inculpatory statements to police. We agree with the State that Stevens waived his Fifth Amendment right to counsel during a custodial interrogation. Therefore, we reverse the circuit court’s order suppressing Stevens’ statements, and we remand to the circuit ...

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2009AP3040-CR State v. Hampton

Criminal Procedure Right to counsel Where a defendant initiated conversation after invoking his right to counsel, his statements are admissible. “Here, after Hampton requested to speak with an attorney, the detectives scrupulously respected that request and began to leave. Hampton then asked the detectives if they were leaving. Detective Heier answered appropriately, explaining to Hampton that he had a right ...

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2010AP1910 In re the termination of parental rights to Marquise L.

Juveniles TPR; right to counsel Darrell K. appeals from an order terminating his parental rights to Marquise L. He argues that the trial court violated his right to counsel when it allowed trial counsel to withdraw and exit the courtroom, found Darrell in default, and then proceeded to hear testimony supporting the termination of Darrell’s parental rights while he was ...

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