State v. Larry

In State v. Larry, 211 N.J. Super. 221, 228, 511 A.2d 704 (App.Div.1986), the defendant signed a form requesting a public defender given to him by a jail guard. The following day before his arraignment he was interviewed by a police investigator and gave an incriminating statement. Ibid. The Court held that filling out a form for a public defender was not an explicit or implicit request for counsel so as to trigger the bright-line rule of Edwards. Id., at 230, 511 A.2d 704. We view the filling out of the form requesting a public defender at the jail as nothing more than a good case management technique to expedite the paperwork associated with the pending arraignment. Here, the form was filled out in contemplation of satisfying defendant's Sixth Amendment right to counsel. Defendant gave no indication that he did not wish to deal with the police prior to his arraignment except through counsel. Ibid.