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Criminal Law

: Fourth Circuit Blog

Court Upholds Defendant-Initiated Post-IA Questioning Without Counsel

By Jonathan Byrne

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US v. Cain: Cain was arrested as part of a DEA sting. After his arrest, he told the DEA agents that he wanted to cooperate with them. The next day, Cain made an initial appearance, at which time he was determined to be eligible for court appointed counsel, although no specific attorney was appointed at that time. After the initial appearance, Cain again told the agents that he wanted to cooperate. They were unable to talk with Cain at that time. The next day, Cain was returned to the courthouse for a meeting with the DEA agents and an AUSA. By this point, the CJA panel had been informed of its appointment to represent Cain, but it's not clear when a specific attorney was appointed. The interview went ahead, after Cain had been advised of his Miranda rights...continue to full post

Full post as published by Fourth Circuit Blog on May 20, 2008 (boomark / email).

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