United States v. Scott, No. 10-5811 (6th Cir. 2012)
Annotate this Casecott was taken into custody near the scene of a robbery, given an oral Miranda warning, and given a written notice. He wrote “no” in response to the written question “Having these rights in mind, do you wish to talk to us now?” On his second day in custody he confessed to other robberies. He later claimed that the confession was coerced. He was convicted of 16 counts of robbery, attempted robbery, and use of a firearm in connection with the robberies and attempted robbery. The Sixth Circuit reversed in part and remanded for further factual findings to determine whether Scott or a member of the police initiated further discussion on the second day in custody. Scott invoked his right to counsel by his response to the written question. According to the language of the question itself, the “no” response is related directly to “these rights,” which include the right to have counsel present while answering questions.
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