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:

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

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  2. 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

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

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

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