State v. Wessells

This appeal turns on whether police questioning of defendant John Wessells following his arrest violated his previously-invoked right to counsel and therefore rendered the statements he made at that time involuntary. Our answer to that question rests on both the meaning of and the retroactive effect to be given to the decision of the United States Supreme Court, issued after the events in question, analyzing the implications of a break in custody following the invocation of a right to counsel. See Maryland v. Shatzer, — U.S. —, 130 S.Ct. 1213, 175 L.Ed.2d 1045 (2010). Our consideration of…