Moore v. Bell, No. 09-2011 (6th Cir. 2012)
Annotate this CaseMoore voluntarily surrendered to Detroit police in connection with a shooting homicide. He asked an officer to call a number on an attorney’s business card. The officer called and reached an answering service and so informed Moore. Moore indicated he wanted to make a statement and signed a waiver of rights. The officer questioned Moore, who made an incriminating statement. There was no clear subsequent request for an attorney. The statement was admitted at trial, over Moore’s objections. Moore was convicted of first-degree premeditated murder, being a felon in possession, and possession of a firearm in the commission of a felony. He was sentenced to life, three to five years, and two years imprisonment, respectively. His conviction was affirmed; Michigan courts denied his post-conviction motion. Moore sought federal habeas corpus. The district court denied his petition. The Sixth Circuit reversed and remanded. The Michigan court unreasonably found a waiver absent a factual finding, and despite evidence to the contrary, that Moore, not the officer, had reinitiated communications. The trial court effectively required that Moore assert his right to counsel a second time in order to secure it. The error was not harmless.
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