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JACKSON v. FRANK

No. 02-1979.

348 F.3d 658 (2003)

Frederick G. JACKSON, Petitioner-Appellee, v. Matthew J. FRANK, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 2003.

Attorney(s) appearing for the Case

Melinda A. Swartz (argued), Office of the Wisconsin State, Public Defender, Milwaukee, WI, for Petitioner-Appellee.

Warren D. Weinstein (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellant.

Before RIPPLE, ROVNER, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

When Frederick Jackson told the detective questioning him that he wanted a lawyer "right now," the detective responded that he could not accommodate Jackson's request and that he would have to end the interview. The detective's statement to Jackson was, at the very least, misleading: under Wisconsin law public defenders are available to suspects in custody on an emergency basis. After his conversation with the detective, Jackson waived his...

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