PEOPLE v. MCKINNEY, 488 Mich. 1054 (2011)

No. 142268.Supreme Court of Michigan.
March 8, 2011.

Appeal from the Court of Appeals No. 296455.

Reconsideration Denied.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals. The defendant’s statement that he would “just as soon wait” until he had an attorney before talking to the police, followed immediately by his statement that he was willing to discuss the “circumstances,” was not an unequivocal assertion of the right to counsel or a statement declaring an intention to remain silent. Davis v. United States, 512 US 452, 457; 114 S Ct 2350; 129 L Ed 2d 362 (1994). We remand this case to the Hillsdale Circuit Court for further proceedings not inconsistent with this order.

MARILYN KELLY, J., would deny leave to appeal.