> cHat wrote: > At this point my understanding is that the suspect cannot be further > questioned without speaking with counsel. The scenario continues.... >
Mmmm could be, but I don't think so. Montejo seems to asking: (1.) If he has to verbally accept the pro-offered public defender in order to trigger Jackson OR, (2.) If his non-refusal of that defender was enough to trigger the Jackson rules. In other words, he didn't verbally refuse the public defender, thus he's contending that that triggers Jackson. The government is saying that he didn't verbally *accept* the public defender thus there's no Jackson. So, to me, it seems to be in that grey area where a public defender is offered by not explicitly accepted or rejected. The default case. But further, SCOTUS has decided to extend the whole question to whether Jackson should be overturned completely ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;207172674;29440083;f Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:296260 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
