United States v. Eric Lawrence Wright

This appeal requires us to decide whether McNeil v. Wisconsin, 501 U.S. -, 111 S.Ct. 2204 , 115 L.Ed.2d 158 (1991), which held that a defendant’s invocation of the Sixth Amendment right to counsel at a bail hearing did not also invoke the Fifth Amendment right to the presence of counsel during subsequent custodial interrogation about an unrelated offense, extends to custodial interrogation about an unrelated offense after a request by counsel at a plea hearing to be present at interviews with the defendant.

On November 10, 1989, Eric Wright was arrested while fleeing the scene of a robbery of a pharmacy in Washington County, Oregon. He was advised of his Miranda rights, but did not request an attorney and no interrogation took place because the officers thought he was under the influence of drugs. At his arraignment in state court on armed robbery charges, Wright requested court-appointed counsel. An attorney from the public defender’s office was appointed. On January 24, 1990, Wright entered guilty pleas.

At the plea hearing, Wright’s attorney said that she wanted to be present during any interviews of her client. She was present when Wright was interviewed by the probation…