Dist. Ct. did not err in denying defendant’s habeas petition that challenged his reckless homicide conviction on ground that police violated his right to counsel by obtaining inculpatory statements after he had invoked his right to counsel during interrogation that occurred after his arrest in Arkansas. Record showed that police officials and defendant were discussing extradition process after his arrest in Arkansas, when defendant asked in Spanish: “How can I do to get an attorney here because I don’t have enough to afford one?”, and police officials continued questioning of defendant after defendant had asked instant question. Wisconsin Supreme Court, in upholding defendant’s conviction, found that defendant had not unequivocally invoked his 5th Amendment right to counsel, and Dist. Ct. could properly have found that Wisconsin Supreme Court’s holding was not unreasonable application of U.S. Supreme precedent, since police officials could have understood defendant as asking about obtaining counsel for extradition proceeding as opposed to asking for counsel to be present in interrogation room. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Right to Counsel