Police questioning after lawyer request
Michigan v. Darren Donell Fenderson
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Michigan asks the Supreme Court to reconsider the rule that, after someone asks for a lawyer during police questioning, police cannot restart questioning unless that person starts the conversation—even if the person later gives a voluntary answer.
- What's at stake
- The dispute concerns whether police may use a voluntary statement obtained after someone asks for a lawyer if that person did not restart the conversation.
Summary: written with AI from the case record.
What it's about
The petition was distributed for a conference; that step is not a decision to hear the case.
The rule Michigan challenges generally bars police from restarting questioning after a suspect asks for a lawyer unless the suspect starts the conversation.
Question presented
Whether this Court should reconsider the rule of Edwards that there is an irrebuttable presumption of involuntariness of a waiver of the prophylactic Miranda counsel warning once asserted unless the accused initiates the discussion, so that any statement obtained consistent with the Fifth Amendment—a voluntary one—is admissible?
What happens next
The petition was distributed for the Court's November 13, 2026 conference. The Court must decide whether to hear it; no oral argument or decision date is scheduled.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Case data updated: documents, description, proceeding_type
Show 3 moreShow fewer
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Brief added: Petition
Sources
Primary materials from the Court and the parties. Grounded in docket records and cited sources. Official filings and opinions remain authoritative.