context: In arguing that those words did not clearly convey any intent to invoke the right against compelled self-incrimination, the state accurately describes contrasting wording from other cases in which this court concluded that unequivocal invocations had occurred.
citation_a.signal: see
citation_a.identifier: 356 Or 451, 451-52,456
citation_a.parenthetical: defendant's first two invocations--"I don't want to talk anymore" and "I don't want to talk no more"--unambiguously communicated her desire to no longer speak with detectives
citation_a.sentence: See id. at 603, 617 (defendant who stated, “I won’t answer any questions,” unequivocally invoked, when record suggested no language barrier or confusion on defendant’s part, or that reasonable officer would have understood defendant instead to be asking a question); McAnulty, 356 Or at 451-52,456 (defendant’s first two invocations—“I don’t want to talk anymore” and “I don’t want to talk no more”—unambiguously communicated her desire to no longer speak with detectives); see also State v. Acremant, 338 Or 302, 322, 108 P3d 1139, cert den, 546 US 864 (2005) (defendant’s statement—“I think that I do need a lawyer!,] I do”—unambiguously expressed his desire to consult with counsel before speaking with detectives); State v. Kell, 303 Or 89, 97, 734 P2d 334 (1987) (citing Smith v. Illinois, 469 US 91, 100, 105 S Ct 490, 83 L Ed 2d 488 (1984), wherein the defendant, upon being advised of right to counsel and asked if he understood, answered “Uh, yeah[,] I’d like to do that”; Supreme Court concluded that he unambiguously invoked his derivative right to counsel). The unequivocal invocations in those cases all share a commonality that this case does not: In each case, the defendant expressed his or her intent by first self-identifying as the actor (“I”) and then by clearly stating the desired action or view relating to the right in question (won’t answer questions, don’t want to talk, need a lawyer). Simply stated, each of those cases involved classic and easily understood words of invocation.
citation_b.signal: see also
citation_b.identifier: 338 Or 302, 322
citation_b.parenthetical: defendant's statement--"I think that I do need a lawyer!,] I do"--unambiguously expressed his desire to consult with counsel before speaking with detectives
citation_b.sentence: See id. at 603, 617 (defendant who stated, “I won’t answer any questions,” unequivocally invoked, when record suggested no language barrier or confusion on defendant’s part, or that reasonable officer would have understood defendant instead to be asking a question); McAnulty, 356 Or at 451-52,456 (defendant’s first two invocations—“I don’t want to talk anymore” and “I don’t want to talk no more”—unambiguously communicated her desire to no longer speak with detectives); see also State v. Acremant, 338 Or 302, 322, 108 P3d 1139, cert den, 546 US 864 (2005) (defendant’s statement—“I think that I do need a lawyer!,] I do”—unambiguously expressed his desire to consult with counsel before speaking with detectives); State v. Kell, 303 Or 89, 97, 734 P2d 334 (1987) (citing Smith v. Illinois, 469 US 91, 100, 105 S Ct 490, 83 L Ed 2d 488 (1984), wherein the defendant, upon being advised of right to counsel and asked if he understood, answered “Uh, yeah[,] I’d like to do that”; Supreme Court concluded that he unambiguously invoked his derivative right to counsel). The unequivocal invocations in those cases all share a commonality that this case does not: In each case, the defendant expressed his or her intent by first self-identifying as the actor (“I”) and then by clearly stating the desired action or view relating to the right in question (won’t answer questions, don’t want to talk, need a lawyer). Simply stated, each of those cases involved classic and easily understood words of invocation.