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That article is almost certainly wrong, or at least misleading. The question at hand was whether this statement was a direct request for a counsel, or just cha
by kolpa 8y ago
That article is almost certainly wrong, or at least misleading.
The question at hand was whether this statement was a direct request for a counsel, or just chatter.
"This is how I feel, if y’all think I did it, I know that I didn’t do it so why don’t you just give me a lawyer dog ’cause this is not what’s up.”
The court decided " (agreeing with the lower courts’ conclusion that the
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statement “[m]aybe I should talk to a lawyer” is not an unambiguous request for a
lawyer). In my view, the defendant’s ambiguous and equivocal reference to a “lawyer dog” does not constitute an invocation of counsel". There's a little bit of cultural bias in the "dog" part, but the main thrust is that the defendant didn't make a clear statement of invocation.
IMO the law as it stands is horrid -- legal representation should be the default unless explicitly waived, not the reverse, but under the current law the decision turned on whether that statements was a demand for a lawyer or merely a suggestion.
http://www.lasc.org/opinions/2017/17KK0954.sjc.addconc.pdfrt http://www.lasc.org/opinions/2017/17KK0954.sjc.addconc.pdfrt
- deleted 8y ago[deleted]
- emodendroket 8y agoI don't understand your objection. As you've quoted, from that decision, the judgment refers to an "ambiguous and equivocal reference to a 'lawyer dog,'" which pretty plainly suggests that the judge has deemed "lawyer-dog" a lexical unit rather than interpreting "dog" as a sobriquet. At best you could say it was only part of his reasoning; either way, in my mind, it goes beyond cultural bias to be a patently absurd reading.