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Criminal Procedure keyed to Kamisar
Duckworth v. Eagan
Citation:
492 U.S. 195, 109 S.Ct. 2875, 106 L.Ed.2d 166 (1989)Facts
Before questioning Eagan (defendant), an officer read him the following waiver form: “You have a right to talk to a lawyer for advice before we ask you any questions, and to have him with you during questioning. You have the right to the advice and presence of a lawyer even if you cannot afford to hire one. We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court. If you wish to answer questions now without a lawyer present, you have the right to stop answering questions at any time. You also have the right to stop answering at any time until you’ve talked to a lawyer.” (Emphasis added.) Eagan signed the waiver form but denied committing the crime. 29 hours later, another officer read Eagan a differently worded waiver form. Eagan signed and then confessed to stabbing a woman.
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