State West Virginia v. Michael Dean Easter

1. ""Once a suspect in custody has expressed his clear, unequivocal desire to be represented by counsel, the police must deal with him as if he is thus represented. Thereafter, it is improper for the police to initiate any communication with the suspect other than through his legal representative, even for the limited purpose of seeking to persuade him to reconsider his decision on the presence of counsel.' Syllabus Point 1, State v. McNeal, 162 W.Va. 550, 251 S.E.2d 484 (1978)."" Syllabus Point 1, State v. Louk, W.Va. , 301 S.E.2d 596 (1983). 2. ""When a criminal defendant requests counsel, it is the duty of those in whose custody he is, to secure counsel for the accused within a reasonable time. In the interim, no interrogation shall be conducted, under any guise or by any artifice. W.Va. Const. Art. 3, § 5 and W.Va. Const. Art. 3, § 14."" Syllabus Point 1, State v. Bradley, 163 W.Va. 148, 255 S.E.2d 356 (1979).