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Assertion of Right to Counsel – Not Offense-Specific

State v. Willie B. Cole, 2008 WI App 178
For Cole: Scott A. Szabrowicz

Issue/Holding:

¶25        If a suspect requests counsel at any time during the interview, he or she is not subject to further questioning until a lawyer has been made available or the suspect himself or herself reinitiates conversation. …

¶26      The Fifth Amendment/ Miranda right to counsel during custodial interrogations is not offense specific.  “Once a suspect invokes [this] right to counsel for interrogation regarding one offense, he may not be reapproached regarding anyoffense unless counsel is present.”  Id. (emphasis in original); see also Dagnall, 236 Wis. 2d 339, ¶33. [8]

The court notes that the 6th-A right to counsel is, by contrast, offense-specific; but that distinction isn’t implicated by the facts at hand.

 

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