Robert Lee Boles, Jr. v. Dale Foltz, Warden

For the reasons stated in the following opinion, I dissent.

Petitioner argues that he invoked his right to counsel at the larceny arraignment and that therefore the first interrogation abridged his Fifth Amendment right to counsel pursuant to Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981).1 In Edwards, the Supreme Court found a violation of the Fifth Amendment right to counsel during custodial interrogation where, subsequent to defendant’s request for counsel, a confession was obtained by police-initiated questioning. In finding the constitutional violation, the Court…