The People of the State of Colorado, Petitioner v. Levent Ray Kutlak, Respondent

Summary

The Colorado Supreme Court held that Kutlak's references to his retained lawyer did not unambiguously invoke his right to counsel under the objective standard governing custodial questioning. Because Kutlak did not invoke counsel and knowingly and voluntarily waived his Miranda rights before making incriminating statements, suppression was unwarranted. The court reversed the court of appeals and remanded for consideration of Kutlak's remaining appellate claims. Justice Gabriel, joined by Justice Hood, dissenting, would have treated the request as an unequivocal invocation and would have affirmed the court of appeals.