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Prior Assertion of Right to Counsel

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

Issue/Holding: “Under the above case law, it is clear that, if Cole did invoke his Fifth Amendment/Miranda right to counsel when he was arrested on the battery charge, then the statement he gave Officer Riley while still in custody is inadmissible even if Cole’s waiver of Miranda rights in that interview was otherwise valid,” ¶28.

Is there an expiration date on a prior assertion of counsel? The court of appeals thought not; note, however, the pending Maryland v. Shatzer, USSC No. 08-680, cert granted 1/26/09, which raises this very question (albeit under extreme facts: the assertion was 3 years earlier in that case, while in Coles’ it was about 2 months).


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