State v. Fischer

¶ 1. Richard K. Fischer appeals from a judgment of conviction for burglary as a party to a crime, contrary to Wis. Stat. §§ 943.10(1)(a) and 939.05(1) (1999-2000). Fischer argues that the trial court erred in denying his suppression motion because he was never read his Miranda 2 rights prior to the taking of his statements, that he unequivocally asserted his right to an attorney and that the detective's conversation with him was the functional equivalent of interrogation. We conclude that Fischer's request for an attorney was equivocal and ambiguous. Further, we conclude that the ensuing…