State v. Lawson
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of aggravated criminal sodomy of a child less than fourteen years of age. Defendant appealed, arguing, inter alia, that his right to counsel under the federal and state constitutions was violated when he was interrogated without his attorney being present and the resulting statements were admitted at trial. The Supreme Court reversed and remanded for a new trial, holding (1) Kan. Stat. Ann. 22-4503 entitled Defendant to the assistance of counsel at a State-initiated polygraph examination and interview of Defendant; (2) after Defendant's statutory right to counsel attached, his uncounseled waiver of that right was not valid because it was not made in writing and on the record in open court; and (3) the district court erred in refusing to suppress the uncounseled statement Defendant made during the police-initiated interrogation after Defendant invoked his right to the assistance of counsel under section 22-4503.
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