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PEOPLE v. BENDER

Docket No. 102520, Calendar No. 7.

551 N.W.2d 71 (1996)

452 Mich. 594

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Jamieson Todd BENDER and Scott Alexander Zeigler, Defendants-Appellees.

Supreme Court of Michigan.

Decided July 23, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Kathryn G. Barnes, Assistant Prosecuting Attorney, Pontiac, for people.

Miro, Miro & Weiner by Matthew F. Leitman, and Condit, McGarry & Schloff, P.C. by Alexander B. McGarry, Bloomfield Hills, for Bender.

Benjamin & Goldfine by Allan Z. Goldfine, Southfield, for Zeigler.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D.

O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, Detroit, Amici Curiae for Wayne County Prosecutor.

Paul J. Denenfeld, David A. Moran, Detroit, Amici Curiae, for American Civil Liberties Union Fund of Michigan and Criminal Defense Attorneys of Michigan.

Michael D. Thomas, President, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, Saginaw, Amici Curiae, for Prosecuting Attorneys Association of Michigan.

OPINION

MICHAEL F. CAVANAGH, Justice.

In this case, we are asked to consider whether, under Michigan law, a suspect's waiver of his rights to remain silent and to counsel is valid when the police fail to inform him, before he gives a statement, that a specific, retained attorney is immediately available to consult with him. We hold that Const. 1963, art. 1, § 17 requires the police to inform the suspect that a retained attorney is immediately available...

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