NORTH CAROLINA V. BUTLER
441 U.S. 369 (1979)
NATURE OF THE CASE: This was a dispute over a per se rule of explicit waiver of the right to presence of counsel.
FACTS: Butler (D) and a man named Elmer Lee robbed a gas station and shot the attendant. The attendant was paralyzed. D was eventually tracked down by the FBI, found, and arrested in the Bronx, NY. At the time of his arrest, D was fully informed of his Miranda rights by the FBI agents D was taken to the nearby FBI office, read his rights, and indicated that he understood them but refused to sign the form. D then made inculpatory statements. At no time did D request counsel or attempt to terminate questioning. During trial, D moved to suppress his incriminating statements on the ground that he did not waive his right to assistance of counsel. That motion was denied. D's conviction was reversed on appeal because he did not specifically waive his right to counsel during interrogation. North Carolina appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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