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Criminal Procedure Keyed to Lee
McNeil v. Wisconsin
Citation:501 U.S. 171 (1991)
McNeil (Petitioner) was arrested for an armed robbery that occurred in West Allis, Wisconsin. While in jail on the charge, and after he had a public defender appointed to him for the West Allis robbery, he was questioned without counsel. A detective visited the defendant in jail, while the detective was investigating a murder in the town of Caledonia, in which the defendant was a suspect. It was unrelated to the armed robbery he was arrested for. The detective gave McNeil his Miranda rights and he signed a waiver. The detective returned two days later for more questioning, and admitted that he had lied about another witness’s involvement to minimize his own role in the Caledonia crimes and provided another statement recounting the events, which was transcribed, signed, and initialed. McNeil’s incriminating statements were later used against him in a trial for the murder and he was found guilty. He argued that his right to counsel under the Sixth Amendment was violated.
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