Does a waiver of the fourth amendment right to counsel during questioning of a suspect in connection with a prior robbery and a subsequent assault on the same suspect have been interpreted as a grounds for a writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Smith v. Bunnell, 952 F.2d 407 (9th Cir. 1991):
Nor were petitioner's sixth amendment rights violated. Although he had a right to counsel in the investigation of the prior robbery, that right was neither implicated nor infringed by questioning, following petitioner's waiver of his Miranda rights, regarding the later offense. See United States v. Nocella, 849 F2d 33, 38-39 (1st Cir 1988).
The district court's denial of the writ of habeas corpus is accordingly.
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