Posted On: July 5, 2010 by Mary Frances Prevost

CALIFORNIA CRIMINAL DEFENSE: REPEATEDLY INVOKING MIRANDA ISN'T INVOKING MIRANDA

REPEATEDLY INVOKING MIRANDA FAILS TO INVOKE MIRANDA

This case is an utter outrage. What does it take to invoke Miranda? The defendant here was
asked, "Do you want an attorney here while you talk to us?" He said, "Yeah." You do? "Uh huh." You sure? "Yes." This gets "clarified" and the Supremes hold that this didn't invoke Miranda.

The defendant later said, "I want to see my attorney cause you're all bullshitting now." The Supremes: not unambiguous. The defendant was just expressing frustation. Next, the defendant said, "I don't want to talk about it." You guessed it, this is just an expression of frustration. Well, I'm pretty frustrated myself. They're going to EXECUTE this guy?! Give me a break.

I WANT MY FUCKING LAWYER. WHAT IS IT YOU DON'T GET?

People v. Williams; 2010 DJ DAR 10023; DJ, 6/30/10; Cal. Supremes

CALIFORNIA CRIMINAL DEFENSE, CALIFORNIA CRIMINAL DE FENSE, CALIFORNIA CRIMINAL DEFENSE, CALIFORNIA CRIMIAL LAWYER