Patricia N. Wernert v. Dorothy Arn, Warden

Although I agree with most of Judge Nelson’s opinion, I must dissent from his treatment of appellant’s Edwards claim. The majority bases its rejection of this claim on two factors. First, plaintiff was read her Miranda rights three times before she was arrested and booked at the stationhouse, and on each occasion she waived those rights and spoke to the police about the auto theft. Second, appellant, according to the majority, never “put the authorities on notice that [she] intended to retract her waiver and invoke her right to consult a lawyer.” Supra, maj. op. p. 616. The Magistrate in his…