Robertson v Pichon, No. 15-16463 [March 2, 2017]
Robertson challenges his convictions for DUI and
possession of a billy club. Robertson was granted a COA on his claim that the
trial court erred in admitted his statements, in violation of his Miranda rights, regarding the billy club
they found in the trunk of his car. Robertson claims he invoked his rights
after being requested to take a chemical test by stating “I want my attorney.”
Later another officer asked him if the billy club in the car was his.
Therefore, he argues that any subsequent questioning violated Edwards. The Court upheld the denial of
the claim as the state court could have reasonably concluded that the request
to submit to chemical testing did not constitute custodial interrogation.
Further since, the Supreme Court has never authorized an anticpatory invocation
of Miranda rights the state court did not unreasonable apply Supreme Court
precedent in including his statements did not trigger any rights under Edwards. Additionally, it would not be
unreasonable for a state court to find that his statement that he would not
submit to chemical testing with a lawyer does not mean that he also wanted a
lawyer for subsequent questioning. Other uncertified issues were also rejected.