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· 6/22/2012

United States v. John Wysinger

Citations

  • 683 F.3d 784
  • 2012 WL 2362492
  • 2012 U.S. App. LEXIS 12768

How courts have described this case

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

  • holding that defendant’s initial question — “Do I need a lawyer before we start talking?” — “was not an unequivocal request for a lawyer and [law enforcement] was not required to cease the interrogation at that point.”
  • concluding that a warning appearing to give the defendant a choice of when he could have a lawyer—that he “had the ‘right to talk to a lawyer for advice before we ask any questions or have . . . an attorney with you during questioning’ ”—violated Miranda
  • stating, in evaluating whether defendant invoked right to counsel during videotaped interview, that dispute concerning \legal effect\ of undisputed words spoken is \question of law\
  • reviewing cases and stating that “I want an attorney before making a deal” was a clear request for counsel while “[m]aybe I should talk to a lawyer“ was not
  • “‘Do I need a lawyer?’ … indicates that the asker is contemplating whether he is in need of the services of a lawyer[.]”
  • in determining whether a suspect clearly invoked his or her right to counsel, we consider the circumstances in which the statement was made as well as the words employed

Source: CourtListener parenthetical corpus (CC0).

Judges: Manion, Rovner, Tinder

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.