The People of the State of Colorado, Petitioner v. Levent Ray Kutlak, Respondent — Gabriel, J., Dissenting

Summary

Justice Gabriel dissented from the majority's decision to reach and resolve the sufficiency of Kutlak's invocation of counsel, arguing that the issue was not properly presented and was outside the certiorari grant. On the merits, the dissent would have found Kutlak's request for counsel unambiguous and would have concluded that he did not reinitiate questioning because the detective never stopped the interrogation. Justice Hood joined the dissent, which would have affirmed the court of appeals division's decision.