Legal Opinion

Dewey v. State

Nevada Supreme Court

Decided November 1, 2007No. 46854PublishedCited by 20 opinions

1Opinion of the Court

OPINION

2Per curiam

In this opinion, we consider whether the assertion of the Fifth Amendment right to remain silent under Miranda v. Arizona, by itself, is sufficient to also invoke the right to counsel that Miranda established as an additional means of securing and protecting the Fifth Amendment privilege against self-incrimination. We conclude that unless a suspect’s assertion of the right to remain silent includes a clear, unequivocal, and unambiguous request for an attorney, it is not an invocation of the right to counsel under Miranda-, thus, a suspect’s exercise of the right to remain silent under…

3Cases cited23 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Edwards v. ArizonaSupreme Court of the United States · 1981
  4. Brewer v. WilliamsSupreme Court of the United States · 1977
  5. Michigan v. MosleySupreme Court of the United States · 1975

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4Cited by20 opinions

  1. BELCHER, JR. (NORMAN) VS. STATE (DEATH PENALTY-DIRECT)Nevada Supreme Court · 2020
  2. Patterson v. StateNevada Supreme Court · 2013
  3. Stock v. StateCourt of Appeals of Alaska · 2008
  4. Dewey (Shelli) v. FosterNevada Supreme Court · 2013
  5. Dewey v. NevenDistrict Court, D. Nevada · 2019

15 more not listed; retrieve them via the Exa API.

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