Miranda Invocations and Waivers: Timing Is Important When a Suspect Talks After Waiving His Rights

To be legally sufficient, a Miranda invocation, when it follows a previous waiver, must be clear and unequivocal. 

• Miranda v. Arizona 
• Legally effective invocation of Miranda after a previous waiver 
• Defense counsel’s ineffective assistance 

An attempt to invoke one’s Miranda rights after a previous wavier of those rights must be clear and unequivocal to be legally sufficient. 

Defendant Lucio Villegas lived with his wife and their two daughters (“Jane Doe Three” and another daughter) in a house in Napa Valley in 2018 and 2019. “Jane Does One” and “Two” lived with their parents in a garage on the same property. The families were close and Villegas was Jane Doe One’s godfather. Villegas had many opportunities to be alone with each of the victims. As for Jane Doe One, she complained that when she was 11 years old, Villegas would use his hand to touch her breasts and vagina over her clothes, done in a rubbing motion. On one occasion, Villegas put his hand under her shirt, on top of her bra, and moved it around. When this case eventually came to trial, she testified that she wanted Villegas to stop, but she did not tell anyone because she was scared. Jane Doe One’s mother, “L.R.,” observed Villegas touching Jane Doe One’s outer clothing on one ....