This section contains the nature of the case and procedural background.

McNeil (D) was arrested in Nebraska on a warrant for armed robbery in Wisconsin. Milwaukee sheriffs arrived shortly thereafter and advised him of his Miranda rights. D refused to answer any questions but did not request an attorney. D was brought back to Wisconsin and was arraigned. A public defender was appointed. Later that evening detective Butts visited D in jail. Butts was interested in murder, attempted murder, and an armed burglary in Caledonia. D was a suspect. Butts advised D of his Miranda rights and D signed a form waiving them. D claimed he had not been involved in the Caledonia crimes. Butts returned two days later and advised D of his Miranda rights again; D initialed the forms. D then admitted he had been involved in the Caledonia crimes and implicated two other men. The statement was typed and given to D for review; he signed every page and initialed each reference to himself. After questioning the other alleged accomplices, Butts returned to D again and once again gave him Miranda warnings got the signature on them and the waiver form. D then acknowledged that he had lied about the involvement of others to minimize his own role. A statement was made again, recorded again, signed again, and initialed again. D was convicted but appealed on the issue of whether his Sixth Amendment right had been invoked.

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