State v. Nelsen

REYNOLDSON, Chief Justice.

We granted further review to examine a court of appeals decision holding defendant’s sixth amendment right to counsel was violated by the State’s trial use of her incriminating statements made to a probation officer. We agree with the court of appeals, reverse the district court judgment, and remand for new trial.

Early in 1984 defendant Sherrie Lynn Nelsen was convicted of operating a motor vehicle while intoxicated and while her license was under suspension. She received a suspended sentence and was placed on probation. After that she met monthly with her probation…