State v. Rockette

¶ 1. The facts here are unique in that, while most Miranda 1 issues involve situations where custodial questioning occurs without an officer reading warnings and without counsel present, this case is about a lawyer who, while present during questioning, instructed the officer not to read the Miranda warnings and told his client that if the warnings were not given, whatever he said could not be used in court. This unusual advice did not relieve the officer from reading the warnings — he should have. His failure to do so left open the probability that Xavier J. Rock-ette, the defendant in this…