Supreme Court of South Carolina· 12/29/1998

State v. Kennedy

Citations

510 S.E.2d 714
333 S.C. 426
1998 S.C. LEXIS 176

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that an unequivocal invocation of the Fifth Amendment right to counsel must be presented in a manner that a reasonable police officer, under similar circumstances, would understand the statement to be a request for the presence of an attorney
finding that although defendant stated he did not understand why the officers wanted to talk to him, he never indicated he did not understand his Miranda rights
defining interrogation as “express questioning, or its functional equivalent,” consisting of words or actions by police that “are reasonably likely to elicit an incriminating response”
“[E]ven if this were a proper invocation of the right to counsel, petitioner waived this right when he initiated further discussions.”
trial court’s conclusion on issues of fact as to the voluntariness of a statement will not be disturbed unless so manifestly erroneous as to show an abuse of discretion
“I think I need a lawyer” was a request for counsel

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Finney, Toal, Waller, Burnett

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Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

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