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State v. Gobert

The defendant's Fifth Amendment right to counsel was violated when during a custodial interrogation and immediately after he was read his Miranda rights, he made a statement that referenced his right to a lawyer and the interrogation continued. While the defendant's request for counsel was not straightforward, that does not mean that he did not adequately communicate his desire to deal with the police detectives only through, or at least in the presence of, a lawyer. Under the circumstances, his statement that he did not want to "give up any right" without a lawyer may safely be assumed to be in response to the right to counsel mentioned by the officers. State v. Gobert - PD-0202-08.