Oct 27, 2017

Perreault v. Smith, No. 16-1213 (SUTTON, Clay Rogers).

Perreault v. Smith, No. 16-1213 (SUTTON, Clay Rogers).

In this habeas petition, the petitioner argues that his statement “Well, then let’s call the lawyer then ‘cause I gave what I could” was an invocation of his right to counsel and required the police to stop questioning him. The Sixth Circuit considered whether the state court unreasonably applied clearly established U.S. Supreme Court precedent in holding that the statement was “akin to [a] negotiation[],” and was not an unequivocal request for counsel. The Court denied the petition, finding that the state court’s interpretation of the statement was reasonable.