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Court rules man invoked right to counsel

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The Indiana Court of Appeals found a man’s question, “Can I get a lawyer?” during police questioning unambiguously and unequivocally invoked his Fifth Amendment right to counsel, so the trial court erred in denying the man’s motion to suppress statements he made to police.

In Dana L. Lewis, Jr. v. State of Indiana, No. 40A01-1106-CR-276, Dana Lewis was invited by Jennings County Sheriff’s Sergeant Karen McCoy for an interview regarding an alleged sex crime with a 13-year-old girl. McCoy told Lewis he was not under arrest and free to leave at any time, read him his Miranda rights, and then began asking Lewis about the crime. During questioning, Lewis asked, “Can I get a lawyer?” but police continued questioning Lewis. Lewis spoke about the alleged crime for a few more minutes until asking whether he was under arrest or would be under arrest. Lewis was arrested two days later and charged with Class A felony child molesting.

Lewis filed a motion to suppress his statements to McCoy, arguing they were obtained in violation of the Fifth Amendment right to counsel. At a hearing, both parties stipulated that Lewis reasonably believed he was in custody and not free to leave, but the judge ultimately denied the motion.

The Court of Appeals reversed, rejecting the state’s argument that the trial court stipulation that Lewis believed he was in custody shouldn’t have any bearing on the appeal. The stipulation binds the state on the question of whether Lewis was in custody, wrote Judge Cale Bradford.

The judges cited United States v. Lee, 413 F.3d 622, 626 (7th Cir. 2005), in which the 7th Circuit Court of Appeals deemed a suspect’s question “Can I have a lawyer?” to be similar to other statements recognized by the court as proper invocations of the right to an attorney.

“Much as the question, ‘Can I get the car tonight?’ would be universally understood as a request to borrow the car tonight, and not as a theoretical question regarding one’s ability to borrow the car tonight, we have little trouble concluding that Lewis’s question would be understood by any reasonable police officer as an unequivocal request for counsel,” Bradford wrote.

The appellate court remanded for further proceedings.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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