· 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 CourtListenerSourced 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.