On Point blog, page 2 of 2
State v. Brad E. Forbush, 2010 WI App 11; review granted 3/16/10
court of appeals decision, review granted 3/16/10; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee
Post-Charge Assertion of Right to Counsel during Interrogation
The mere fact that an attorney represents a defendant formally charged with a crime doesn’t bar the police from questioning the defendant; State v. Todd Dagnall, 2000 WI 82 (“Dagnall was not required to invoke the right to counsel in this case because he had been formally charged with a crime and counsel had been retained to represent him on that charge,” ¶4),
Offense “Closely Related” to Formally Charged Offense
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142
For Badker: Timothy A. Provis
Issue: Whether the bail jumping offense was closely related to the homicide, within the meaning of the 6th amendment, so that the right to counsel attached under the latter as well as the former offense.
Holding: The 6th amendment right to counsel attaches once a formal charge has been issued,