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Home / Opinion Digests / Criminal – Right To Counsel – 'Clear Invocation' (access required)

Criminal – Right To Counsel – 'Clear Invocation' (access required)

A defendant who made the statement, "I guess I need a lawyer," in a questioning tone, did not clearly invoke his right to counsel, and his statement could be admitted at his trial for second-degree murder. The trial court found that although it was muffled, defendant stated, "Yeah, but" in response to the detective's attempt to ...