People v. Harris 

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2012 IL App (1st) 100678
Decision Date: 
Thursday, August 30, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
LAVIN
Defendant was convicted, after bench trial, of felony murder predicated on armed robbery. Evidence did not demonstrate that Defendant's statement was voluntary and not due to inherently coercive atmosphere of custodial interrogation at police facility. Defendant's later videotaped statements cannot be used in analyzing totality of circumstances as to whether her early statement was voluntary and reliable. Defendant's query to detective whether it was possible to have a few days to get an attorney was an unequivocal invocation of Miranda right to counsel. (FITZGERALD SMITH and STERBA, concurring.)