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Tuesday, November 21, 2017

" I CAN'T AFFORD A LAWYER ANYHOW "

The second DCA issued a nice decision in Noh v. State in which the court found that in response to the Miranda warnings, the defendant's statement " I can't afford a lawyer anyhow" without any further response by the officer that the court would appoint a lawyer for free, was sufficient to render the warnings null and void, and resulted in a new trial for Noh. 

Congrats to Ivy Ginsberg for the win. 

The opinion is below. 



Noh Reversal by Rumpole21 on Scribd

4 comments:

Anonymous said...

It is possible that, had he referred to a canine after mentioning his financial condition, the conviction would stand.

Anonymous said...

great segment with shumie on squawk on the street this am. He is bullish on the cigar industry. wasn't too keen on the restaurant industry even through kramer is making a fortune with bar san miguel in Brooklyn.
He likes Chipolte to bounce back from it's lows.

Cool segment

Anonymous said...

Sad that another appellate court held that an accused who requested a " lawyer[,] dog" had not invoked his right to counsel.

Anonymous said...

Thank God for the Second District! Would that we could take our appeals there.