Great case came down from CCA today, finally clarifying that a defendant who invokes the right to counsel during custodial interrogation may reinitiate contact with police without first getting counsel. And, police may resume interrogation and subsequent confession is admissible.

For the opinion, go to the CCA website.

There had been some ambiguity in this area. We all knew that a defendant could reinitiate contact with police after invoking right to silence, but some felt like you couldn't reinitiate after invoking right to counsel. Now we know.

So, when you visit the jail and defendant invokes right to silence or right to counsel, be sure to let him know that he can resume the conversation by contacting the officer.

Judge Cochran's "bursting of the bubble" metaphor is very apt here. It creates an accurate picture of the limits of the protection afforded suspects by the right to counsel. A timely clarification of the law.