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STATE v. NYSTA

No. 65774-7-I.

275 P.3d 1162 (2012)

168 Wn. App. 30

STATE of Washington, Respondent, v. Daven NYSTA, Appellant.

Court of Appeals of Washington, Division 1.

May 7, 2012.

Attorney(s) appearing for the Case

Oliver Ross Davis , Wash.App. Project, Seattle, WA, for Appellant.

Dennis John McCurdy , King Co. Pros. Office, Seattle, WA, for Respondent.

¶ BECKER, J.

¶ 1 Invocation of the right to counsel and double jeopardy are the two principal issues raised in this appeal. First, during a custodial interrogation, police asked appellant Daven Nysta if he would take a polygraph. Nysta said, "shit man I gotta talk to my lawyer." Because this statement was an unequivocal invocation by Nysta of his right to an attorney, the interrogation should have stopped. The trial court erred by denying the motion to suppress...

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