State v. Robitaille, 191 Vt. 91

Defendant arrested in Burlington for assault and robbery at Enosburg Pharmacy.
Sergeant Morits informed defendant of Miranda rights; defendant invoked right to remain silent and to counsel.
No public defender was contacted immediately; conversation among officers occurred nearby but not directed at defendant.
Defendant sought information about deals; Morits explained no deals unless cooperation; defendant agreed to talk and waived rights.
Waiver form was signed after a second Miranda warning; fifteen minutes elapsed between invocation and waiver; PDA duty to notify public defender triggered but not fulfilled.
Trial court held waiver voluntary and PDA compliance satisfied; defendant pled guilty conditionally; appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
PDA duty to notify counsel violated?	Robitaille argues immediate notification required by 13 V.S.A. § 5234(a)(2).	Robitaille contends PDA violation warrants suppression regardless of later waiver.	Fifteen-minute delay did not warrant suppression; no custodial interrogation during delay.
Whether waiver of right to counsel was knowing and voluntary?	State must prove knowing, voluntary waiver under totality of circumstances.	Waiver was not knowing/voluntary due to potential coercion or improper inducement.	Waiver valid; written waiver signed; defendant knowingly, voluntarily, intelligently waived rights.

State v. Nicasio, 136 Vt. 162 (1978) ( PDA cannot wait for indigency; immediate right to counsel)
State v. Picknell, 142 Vt. 215 (1982) (no custodial interrogation during interim period; timing of counsel contact)
Provost, 2005 VT 134 (2005) ( Miranda protections; waiver under PDA same standard)
Edwards v. Arizona, 451 U.S. 477 (1981) (right to counsel must be available during custodial interrogation)
Moran v. Burbine, 475 U.S. 412 (1986) (adequate waiver despite lack of attorney; noncoercive decision)