United States First Circuit
NOM v. SPENCER, 02-2173
Habeas challenge to the propriety of a question asked by a police officer after the petitioner had unambiguously invoked his Fifth Amendment right to counsel is denied where petitioner clearly invoked his right to an attorney only for purposes of objecting to a gunshot residue test.
Appellate Information
- Decided 07/29/2003
- Published 07/29/2003
Judges
- LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, LIPEZ and HOWARD, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Daniel J. Johnedis, for petitioner.
- For Appellees:
- Eva M. Badway, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief, for respondent.