McNEIL V. WISCONSIN
501 U.S. 171 (1991)
NATURE OF THE CASE: This was a dispute over the effect of invocation of the right to
counsel and if that request constitutes an invocation of Miranda rights.
FACTS: McNeil (D) was arrested in Nebraska on a warrant for armed robbery in Wisconsin.
Milwaukee sheriffs arrived shortly thereafter and advised him of his Miranda rights. D
refused to answer any questions but did not request an attorney. D was brought back to
Wisconsin and was arraigned. A public defender was appointed. Later that evening detective
Butts visited D in jail. Butts was interested in murder, attempted murder, and an armed
burglary in Caledonia. D was a suspect. Butts advised D of his Miranda rights and D signed a
form waiving them. D claimed he had not been involved in the Caledonia crimes. Butts
returned two days later and advised D of his Miranda rights again; D initialed the forms. D
then admitted he had been involved in the Caledonia crimes and implicated two other men. The
statement was typed and given to D for review; he signed every page and initialed each
reference to himself. After questioning the other alleged accomplices, Butts returned to D
again and once again gave him Miranda warnings got the signature on them and on the waiver
form. D then acknowledged that he had lied about the involvement of others to minimize his
own role. A statement was made again, recorded again, signed again, and initialed again. D
was convicted but appealed on the issue of whether his Sixth Amendment right had been
invoked.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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