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Criminal Procedure Keyed to Ohlin
Davis v. United States
Citation:
512 U.S. 452 (1994)Facts
Petitioner, a member of the United States Navy, spent the evening of October 2, 1988, shooting pool at a club on the base. Another sailor, Keith Shackleton, lost a game a $30 wager to petitioner, but Shackleton refused to pay. After the club closed, Shackleton was beaten to death with a pool cue on a loading dock behind the commissary. The body was found early the next morning. The investigation by the Naval Investigative Service (NIS) focused on petitioner. On November 4, 1988, petitioner was interviewed at the NIS office. Petitioner waived his rights to remain silent and to counsel. About an hour and a half into the interview, petitioner said, “Maybe I should talk to a lawyer.” After a short break, the agents reminded petitioner of his rights to remain silent and to counsel. The interview then continued for another hour, until petitioner said, “I think I want a lawyer before I say anything else.” At that point, questioning ceased.
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