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SHEA V. LOUISIANA, 470 U. S. 51 (1985)

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U.S. Supreme Court

Shea v. Louisiana, 470 U.S. 51 (1985)

Shea v. Louisiana

No. 82-5920

Argued November 7, 1984

Decided February 20, 1985

470 U.S. 51

Syllabus

After petitioner was arrested on armed robbery charges in Louisiana, he was taken to the police station for questioning by detectives. Upon being read his Miranda rights, he said that he did not wish to make any statement until he saw a lawyer, and the interview was then terminated. But the next day, before petitioner had communicated with a lawyer, one of the same detectives, without inquiring whether petitioner had spoken with an attorney and without any indication from petitioner that he was willing to be interrogated, asked if he was willing to talk about the case. After Miranda rights were again read to petitioner, he orally confessed that he had committed the robberies. Over petitioner's objections, the confession was admitted into evidence at his trial and he was convicted. In the meantime, subsequent to petitioner's trial and convictions, and, while his appeal to the Louisiana Supreme Court was pending, this Court ruled in Edwards v. Arizona, 451 U. S. 477, that a criminal defendant's rights under the Fifth and Fourteenth Amendments were violated by the use of his confession obtained by police-instigated interrogation -- without counsel present -- after he requested an attorney. While acknowledging the presence of an Edwards violation, the Louisiana Supreme Court went on to hold that Edwards was not to be applied to petitioner's case.

Held: The Edwards ruling applies to cases pending on direct appeal at the time Edwards was decided. Pp. 470 U. S. 54-61.

421 So.2d 200, reversed and remanded.

BLACKMUN, J., delivered the opinion of the Court, in which BRENNAN, MARSHALL, POWELL, and STEVENS, JJ., joined. WHITE, J., filed a dissenting opinion, in which BURGER, C.J.,and REHNQUIST and O'CONNOR, JJ., joined, post, p. 470 U. S. 61. REHNQUIST, J., filed a dissenting opinion, post, p. 470 U. S. 66. chanroblesvirtualawlibrary

Page 470 U. S. 52





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