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State v. David W. Stevens, 2009AP2057-CR, review granted 5/24/11

on petition for review of unpublished decision; for Stevens: Paul G. LaZotte, SPD, Madison Appellate; case activity

Issues (provided by court):

If a suspect in custody initiates communication with the police after previously invoking his Miranda right to consult with an attorney but has yet to again waive his Miranda rights, do the police violate the demands of Miranda by denying an attorney access to the suspect prior to the second waiver of his Miranda rights?

Does the Wisconsin supreme court’s decision in Blum v. 1st Auto & Cas. Ins. Co., 2010 WI 78, 326 Wis. 2d 729, 786 N.W.2d 78, mean that the court of appeals’ decision in State v. Middleton, 135 Wis. 2d 297, 399 N.W.2d 917 (Ct. App. 1986) has no precedential value whatsoever because that case was overruled in State v. Anson, 2005 WI 96, 282 Wis. 2d 629, 698 N.W.2d 776?

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