Friday, November 30, 2012

Sixth Circuit -- Kevin Moore v. Mary Berghuis

Giving police officer name and phone number of attorney and asking him to contact the lawyer is sufficient invocation for the right to counsel.  Clearly established by Scotus for purposes of AEDPA.

District Court erred in holding admission of confession to be harmless error.

Dissent - Legitimate waiver under Edwards where police officer told deft that the lawyer was unavailable, and deft subsequently talked.

Kevin Moore v. Mary Berghuis
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.