When a custodial suspect says, 'I don't want to give up any right, though, if I don't got no lawyer.' must the interrogator stop?
Written By:
Reid
Apr 26, 2007
In the case of State v. Gobert, the Texas Court of Appeals upheld the trial court's conclusion that this was an unequivocal invocation of the right to counsel:
"At issue is Gobert's statement, "I don't want to give up any right, though, if I don't got no lawyer." The trial court concluded that this was an unequivocal invocation of the right to counsel during questioning. The court orally announced its findings and conclusions in the reporter's record:
I just don't find anything that is unequivocal [sic] about the statement "I'm not going to waive any rights if I don't got no lawyer." I mean, I think that that's as unequivocal as I can imagine a statement being."
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"At issue is Gobert's statement, "I don't want to give up any right, though, if I don't got no lawyer." The trial court concluded that this was an unequivocal invocation of the right to counsel during questioning. The court orally announced its findings and conclusions in the reporter's record:
I just don't find anything that is unequivocal [sic] about the statement "I'm not going to waive any rights if I don't got no lawyer." I mean, I think that that's as unequivocal as I can imagine a statement being."