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Appeals panel questions custody and interpreter issues in State v. Royce Schaffer
Summary
Oral argument focused on whether Schaffer was in Miranda custody when he invoked counsel and whether the district court failed to satisfy a statutory duty to provide a qualified ASL interpreter; counsel disputed whether the record preserves the ASL claim and whether the invocation was sufficiently unambiguous.
The Utah Court of Appeals heard argument in State of Utah v. Royce Schaffer on whether statements obtained during execution of a DNA warrant should have been excluded because Schaffer was in Miranda custody and invoked the right to counsel. Defense counsel Douglas Thompson urged reversal, arguing that handcuffing, transport to the station and the DNA draw created custody and that Schaffer immediately said, "I think I will need a lawyer," after being read Miranda rights.
"I think if the court reverses on that basis, the other ones can be addressed on remand," Thompson told the panel, explaining he sought a prompt remedy…
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