Michael Eugene Cannady v. Richard L. Dugger, Sec'y, Dep't of Corr. Attorney Gen., State of Florida, 931 F.2d 752 (11th Cir. 1991). · Go Syfert
Michael Eugene Cannady v. Richard L. Dugger, Sec'y, Dep't of Corr. Attorney Gen., State of Florida, 931 F.2d 752 (11th Cir. 1991). Cases Citing This Book View Copy Cite
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cited 10× by 7 distinct cases, 1993–2026 · 4 courts→ Stable · …i think i should call my lawyer. at p. 755 Topic ↗
cited 7× by 5 distinct cases, 1995–2015 · 3 courts→ Stable · …i think i should call my lawyer at p. 754 Topic ↗
85 citation events (69 in the last 25 years) across 21 distinct courts.
Strongest positive: United States v. Joseph Samir Zakhari (ca6, 2023-10-23)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Joseph Samir Zakhari
6th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
i think i should call my lawyer.
discussed Cited as authority (verbatim quote) United States v. Casey Hunter (2×) also: Cited "see, e.g."
7th Cir. · 2013 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
i think i should call my lawyer.
discussed Cited as authority (rule) State v. Schaefer
Utah Ct. App. · 2025 · confidence medium
Schaefer’s admission that he was in the area of the apartment complex on the day in question was critical to the State’s case given that the DNA test of B.D.’s underwear revealed only male DNA and not Schaefer’s DNA specifically. 20210247-CA 8 2025 UT App 4 State v. Schaefer defendant’s confession was inadmissible because the defendant’s statement, “Uh, yeah, I’d like to do that,” when asked whether he understood his right to have counsel present—“with the possible exception of the word ‘uh’”—was “neither indecisive nor ambiguous”) (quotation simplified); Wood…
cited Cited as authority (rule) Jones v. SECRETARY FLA. DEPT OF CORRECTIONS
S.D. Fla. · 2024 · confidence medium
Mr. Jones cites to Cannady v. Duggar to show that “I think I need a lawyer” was an unequivocal assertion of the right to counsel. 931 F.2d 752, 755 (11th Cir. 1991).
discussed Cited as authority (rule) Ellison v. Shinn (2×)
D. Ariz. · 2024 · confidence medium
The testimony did not show, as Ellison contends, 13 that “it became clear that Ellison declined to talk without an attorney and in fact remained 14 silent.” (Doc. 21 at 53.) To the contrary, Detective Watson testified that he told Ellison 15 that Finch had been arrested and Ellison responded, “You’ve arrested Richard?” (RT 16 7/20/99 at 14.) Ellison also asked the detectives what he was being charged with and if it 17 would affect his parole.9 (Id. at 15, 69.) The detectives continued to speak with Ellison 18 8 In his reply, Ellison cites cases in which courts assumed or accepted the…
cited Cited as authority (rule) Andrew Richard Lukehart v. Secretary, Florida Department of Corrections
11th Cir. · 2022 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir. 1991).
discussed Cited as authority (rule) United States v. James John Edwards
11th Cir. · 2020 · signal: cf. · confidence medium
Cf. Cannady v. Duggar, 931 F.2d 752, 755 (11th Cir. 1991) (suppressing statements made after interrogator knew suspect had requested counsel).
discussed Cited as authority (rule) Robert T. Lundberg v. Secretary, Florida Department of Corrections (2×) also: Cited "see, e.g."
11th Cir. · 2020 · confidence medium
In the absence of questioning by law enforcement, we have held that “[v]oluntary and spontaneous comments by the accused, even after Miranda rights are asserted, are admissible evidence.” Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir. 1991).
cited Cited as authority (rule) United States v. Terrence Leonard Mathis
11th Cir. · 2019 · confidence medium
This court has previously held that a defendant unequivocally requested counsel when he said, “I think I should call my lawyer.” Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir. 1991).
discussed Cited as authority (rule) People v. Nguyen CA6
Cal. Ct. App. · 2016 · confidence medium
(See Wood v. Ercole (2d Cir. 2011) 644 F.3d 83, 91-92 [state appellate court correctly concluded that “ ‘I think I should get a lawyer’ ” was an unambiguous assertion of right to counsel]; Cannady v. Dugger (11th Cir. 1991) 931 F.2d 752, 755 [determining that the defendant’s petition for writ of habeas corpus should be granted because his statement, “ ‘I think I should call my lawyer,’ was an unequivocal request for counsel” and therefore his confession was illegally obtained].) The determination of whether a defendant has invoked his or her right to silence often depends on …
cited Cited as authority (rule) United States v. Yorgensen
N.D. Iowa · 2015 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
discussed Cited as authority (rule) Davis, Selwyn Preston
Tex. Crim. App. · 2010 · confidence medium
LEXIS 673, at 22 (October 29, 2009). 56 State v. Goodwin, 278 Neb. 945, 959 , 774 N.W.2d 733, 744-45 (2009); State v. Hilding, 278 Neb. 115, 127-28 , 769 N.W.2d 326, 337 (2009). 57 Stemple v. State, 2000 OK CR 4, 34-36 , 994 P.2d 61, 69-70 (2000). 58 Midkiff v. Commonwealth, 250 Va. 262, 265-67 , 462 S.E.2d 112, 114-15 (1995). 59 State v. Jennings, 252 Wis. 2d 228, 233-34, 244-45 , 647 N.W.2d 142, 144-45, 150 (2002)(conclusion in earlier Wisconsin Supreme Court case that this language constituted an unequivocal request overturned by United States Supreme Court’s decision in Davis). 60 State …
cited Cited as authority (rule) Davis v. State
Tex. Crim. App. · 2010 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991).
cited Cited as authority (rule) Davis, Selwyn Preston
Tex. Crim. App. · 2010 · confidence medium
Cannady v. Dugger , 931 F.2d 752, 755 (11 th Cir. 1991).
discussed Cited as authority (rule) United States v. Carlos Young
11th Cir. · 2010 · confidence medium
“Volunteered statements of any kind are not barred by the Fifth Amendment and them admissibility is not affected by [the holding in Miranda].” Miranda, 384 U.S. at 478 , 86 S.Ct. at 1630 ; Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991) (“[vjoluntary and spontaneous comments by an accused ... are admissible evidence if the comments were not made in response to government questioning”).
discussed Cited as authority (rule) Priest v. Hudson
N.D. Ohio · 2009 · confidence medium
“Voluntary and spontaneous comments by an accused, even after Miranda rights are asserted, are admissible evidence if the comments were not made in response to government questioning.” Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
discussed Cited as authority (rule) United States v. Bobby Sanders
11th Cir. · 2009 · confidence medium
“Voluntary and spontaneous comments by an accused ... are admissible evidence if the comments were not made in response to government questioning.” Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991) (habeas case).
discussed Cited as authority (rule) United States v. Ricky Jackson
11th Cir. · 2008 · confidence medium
In the absence of questioning by law enforcement, the we have held that “[v]ol-untary and spontaneous comments by the accused, even after Miranda rights are asserted, are admissible evidence.” Can-nady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
discussed Cited as authority (rule) United States v. Walters
D.V.I. · 2008 · confidence medium
Appx. 279, 283 (11th Cir. 2005) (not for publication) (“Voluntary and spontaneous comments are admissible, even if given after Miranda rights are asserted, as long as the comments were not made in response to government questioning.”) (citing Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir. 1991)).
discussed Cited as authority (rule) United States v. Rosario
E.D. Ky. · 2008 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991) (“Voluntary and spontaneous comments by an accused, even after Miranda rights are asserted, are admissible evidence if the comments were not made in response to government questioning.”).
discussed Cited as authority (rule) United States v. Viezca
M.D. Ala. · 2008 · confidence medium
“Voluntary and spontaneous comments by an accused, even after Miranda rights are asserted, are admissi *1264 ble evidence if the comments were not made in response to government questioning.” Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991); see also United States v. Johnson, 136 Fed.Appx. 279, 283 (11th Cir.2005).
discussed Cited as authority (rule) United States v. Hicks
N.D. Ga. · 2008 · confidence medium
See also Innis, 446 U.S. at 300 , 100 S.Ct. 1682 ; United States v. Jules, 244 Fed.Appx. 964, 972 (11th Cir.2007) (unpublished); Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991); United States v. Glen-Archila, 677 F.2d 809, 814 (11th Cir.1982).
cited Cited as authority (rule) United States v. Reynolds
N.D. Ga. · 2007 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
cited Cited as authority (rule) United States v. Harold Jules
11th Cir. · 2007 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 753-54 (11th Cir.1991).
discussed Cited as authority (rule) United States v. Joseph DeWayne Carlton (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
When there is no police questioning, “[vjoluntary and spontaneous comments ... are admissible evidence.” Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
discussed Cited as authority (rule) Ford v. Schofield
N.D. Ga. · 2007 · confidence medium
See United States v. de la Jara, 973 F.2d 746, 750 (9th Cir.1992) (“Can I call my lawyer?” or “I should call my lawyer.”); Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (“I think I should call my lawyer.”); Robinson v. Borg, 918 F.2d 1387, 1393 (9th Cir.1990) (“I have to get me a good lawyer, man.
cited Cited as authority (rule) United States v. Jessie Lee Longoria
11th Cir. · 2007 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 753-54 (11th Cir.1991).
cited Cited as authority (rule) United States v. Keith Augustus Johnson
11th Cir. · 2005 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
cited Cited as authority (rule) United States v. Lewis McKenzie
11th Cir. · 2005 · confidence medium
On review, we may substitute our “independent judgment after a review of the entire record.” Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
discussed Cited as authority (rule) Billy Russell Clark v. Tim Murphy (2×)
9th Cir. · 2003 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
discussed Cited as authority (rule) Billy Russell Clark v. Tim Murphy (2×)
9th Cir. · 2003 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
discussed Cited as authority (rule) Gerald Anthony Coleman v. Harry K. Singletary, Robert A. Butterworth (2×)
11th Cir. · 1994 · confidence medium
Cannady v. Dugger, 931 F.2d 752, 753-54 (11th Cir.1991). 42 The Supreme Court has held that "coercive police activity is a necessary predicate to the finding that a confession is not 'voluntary' within the meaning of the Due Process Clause." Colorado v. Connelly, 479 U.S. 157, 167 , 107 S.Ct. 515, 522 , 93 L.Ed.2d 473 (1986).
discussed Cited as authority (rule) United States v. Tam Wai-Keung
S.D. Fla. · 1994 · confidence medium
See United States v. Washington, 431 U.S. 181, 187 , 97 S.Ct. 1814, 1818 , 52 L.Ed.2d 238 (1977) (“far from being prohibited by the Constitution, admissions of guilt by wrongdoers, if not coerced, are inherently desirable.”); Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991) (“Voluntary and spontaneous comments by an accused, even after Miranda rights are asserted, are admissible evidence if the comments were not made in response to government questioning.”).
discussed Cited as authority (rule) United States v. McLaren (2×)
cma · 1993 · confidence medium
I agree, as well, with its analysis of the first issue that leads it to conclude that appellant’s statement in issue was at least an equivocal request for a lawyer (see Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (“ T think I should call my lawyer’ was an unequivocal request for counsel” (emphasis added)); see generally Connecticut v. Barrett, 479 U.S. 523, 529 , 107 S.Ct. 828, 832 , 93 L.Ed.2d 920 (1987) (“broad, rather than a narrow, interpretation [should be given] to a defendant’s request for counsel”)); that the agent’s only choices at that point were to either �…
discussed Cited as authority (rule) United States v. Donald Ray Harris
6th Cir. · 1992 · confidence medium
The defendant then proceeded to make several incriminating statements. 32 "Voluntary and spontaneous comments by an accused, even after Miranda rights are asserted, are admissible evidence if the comments were not made in response to government questioning." Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991).
cited Cited "see" Renell Jones v. Florida Department of Corrections
11th Cir. · 2026 · signal: see · confidence high
See Cannady, 931 F.2d at 754-55 .
discussed Cited "see" Wood v. Ercole (2×)
2d Cir. · 2011 · signal: see · confidence high
See Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (concluding that phrase "I think I should call my lawyer" was "an unequivocal request for counsel").
discussed Cited "see" Correll v. Thompson
4th Cir. · 1995 · signal: see · confidence high
See Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (holding “I think I should call my lawyer” an unequivocal request for counsel); Shedelbower v. Estelle, 885 F.2d 570, 571, 573 (9th Cir.1989), cert. denied, 498 U.S. 1092 , 111 S.Ct. 975 , 112 L.Ed.2d 1060 (1991).
discussed Cited "see" Walter Milton Correll, Jr. v. Charles E. Thompson, Warden, Mecklenburg Correctional Facility, Walter Milton Correll, Jr. v. Charles E. Thompson, Warden, Mecklenburg Correctional Facility
4th Cir. · 1995 · signal: see · confidence high
See Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (holding "I think I should call my lawyer" an unequivocal request for counsel); Shedelbower v. Estelle, 885 F.2d 570, 571, 573 (9th Cir.1989), cert. denied, 498 U.S. 1092 , 111 S.Ct. 975 , 112 L.Ed.2d 1060 (1991).
discussed Cited "see" State v. Wade
Mo. Ct. App. · 1993 · signal: see · confidence high
See Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991); Jones v. State, 742 S.W.2d 398 (Tx.Crim.App. 1990); People v. Traubert, 199 Colo. 322 , 608 P.2d 342 (banc 1980); Wentela v. State, 95 Wis.2d 283 , 290 N.W.2d 312 (1980).
discussed Cited "see" J.B. Parker v. Harry K. Singletary, Secretary, Florida Department of Corrections
11th Cir. · 1992 · signal: see · confidence high
See Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (holding that statement, "I think I should call my lawyer” was an unequivocal request for counsel); Fleming, 837 F.2d at 947 (holding that a defendant’s assertion that he would get his own attorney rather than rely on an appointed one was an invocation of the right to counsel). 53 .
cited Cited "see" United States v. Leonardo Mendoza-Cecelia, Terry Lee Greenberg, Hector Favio Marin-Hernandez
11th Cir. · 1992 · signal: see · confidence high
See Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991); Owen, 849 F.2d at 539 . *1473 Greenberg’s next inculpatory statement was elicited during questioning by the Customs official.
discussed Cited "see, e.g." United States v. Victor Manuel Manta-Carillo
11th Cir. · 2012 · signal: see also · confidence medium
Miranda, 384 U.S. at 478 , 86 S.Ct. 1602 ; see also Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991) (holding that voluntary and spontaneous comments by a defendant, even after Miranda rights are asserted, are admissible if not made in response to government questioning).
discussed Cited "see, e.g." Moss v. State
Fla. Dist. Ct. App. · 2011 · signal: compare · confidence medium
Compare Shook v. State, 770 So.2d 1261 (Fla. 1st DCA 2000) (holding that “Get me an attorney right now” was an unequivocal request for counsel), and Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (holding that “I think I should call my lawyer” was unequivocal); State v. Brown, 287 Ga. 473 , 697 S.E.2d 192 , (2010) (holding that “I want a lawyer” was unequivocal); State v. Fontenot, 918 So.2d 1096 , (La.Ct.App.3d Cir.2005) (holding that “I want a judge.
cited Cited "see, e.g." Charles T. Lord v. Jack Duckworth
7th Cir. · 1994 · signal: see, e.g. · confidence medium
See e.g., Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (“I think I should call my lawyer.”); Robinson, 918 F.2d at 1391 (“I have to get me a good lawyer, man.
cited Cited "see, e.g." United States v. Billy F. March, A/K/A Joe Clark \Blood
unknown court · 1993 · signal: see, e.g. · confidence medium
See, e.g., Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (“I think I should call my lawyer.”); Robinson v. Borg, 918 F.2d 1387, 1391 (9th Cir.1990) (“I have to get me a good lawyer, man.
discussed Cited "see, e.g." United States v. Seibert
E.D. Pa. · 1991 · signal: see also · confidence medium
Miranda v. Arizona, 384 U.S. 436, 478 , 86 S.Ct. 1602, 1630 , 16 L.Ed.2d 694 (1966); see also Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir.1991); United States v. Griffin, 922 F.2d 1343, 1357 (8th Cir.1990).
Retrieving the full opinion text from the archive…
Michael Eugene CANNADY, Petitioner-Appellant,
v.
Richard L. DUGGER, Secretary, Department of Corrections; Attorney General, State of Florida, Respondents-Appellees
89-3812.
Court of Appeals for the Eleventh Circuit.
May 16, 1991.
931 F.2d 752
1991 U.S. App. LEXIS 9789
1991 WL 66356
Donald Scott Modesitt, Tallahassee, Fla., for petitioner-appellant., Cynthia A. Shaw and Edward C. Hill, Asst. Attys. Gen., Tallahassee, Fla., for respondents-appellees.
Tjoflat, Dubina, Henderson.
Cited by 55 opinions  |  Published
DUBINA, Circuit Judge:

The appellant, Michael Eugene Cannady (“Cannady”), is currently serving a life sentence with a mandatory minimum term of imprisonment of 25 years. Cannady was convicted of first degree murder, robbery, and kidnapping in the Circuit Court for Bay County, Florida. He appeals the district court’s judgment denying his petition for writ of habeas corpus in which he raised four grounds for relief: (1) judicial misconduct; (2) prosecutorial misconduct; (8) ineffective assistance of counsel; and (4) illegally obtained confession. For the reasons which follow, we reverse the district court and remand for a grant of the writ.

I. BACKGROUND

Cannady was convicted of the first degree murder of William Carrier, the night auditor at the Ramada Inn in Panama City, Florida (“the victim”). The only substantial evidence against Cannady regarding the murder consisted of incriminating statements he made to Officer Frank McKeithen (“McKeithen”), an investigator with the Bay County Sheriff’s office. Can-nady told McKeithen that he stole some money from the Ramada Inn, kidnapped the victim, drove him to a secluded wooded area and shot him. The jury reached a guilty verdict but recommended a life sentence.

Judge Russell Bower adjudged Cannady guilty of murder in the first degree; however, Judge Bower rejected the jury’s recommendation and sentenced Cannady to death. Cannady filed a timely notice of appeal to the Florida Supreme Court, which affirmed Cannady’s conviction but reduced his court-imposed death penalty sentence to life imprisonment with a mandatory minimum term of incarceration of 25 years. Subsequently, Cannady filed a Rule 3.850 motion in the Circuit Court for Bay County addressing four main issues: (1) judicial misconduct; (2) prosecutorial misconduct; (3) ineffective assistance of counsel; and (4) illegally obtained confession. Judge Bower denied the Rule 3.850 motion, and Cannady appealed to the District Court of Appeal, First District of Florida, which affirmed per curiam. Cannady then filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Northern District of Florida. The United States Magistrate Judge entered a Report and Recommendation recommending that all relief be denied. Cannady filed a timely objection to the magistrate judge’s recommendation which was overruled by the district court. The district court entered judgment in favor of the respondents and against Cannady. It is from that judgment that Cannady appeals.

II. DISCUSSION

The first issue we consider on appeal is whether Cannady’s confession that he killed the victim was illegally obtained. Cannady argues that the confession should not have been admitted into evidence because it was not freely and voluntarily given, and he did not knowingly waive his right to have an attorney present when he made incriminating statements to McKeithen. This court, however, in deciding the[*754] ultimate issue of voluntariness of a defendant’s confession, may substitute its independent judgment after a review of the entire record. Sullivan v. Alabama, 666 F.2d 478 (11th Cir.1982).

Cannady became a suspect in the murder while he was incarcerated on other charges. McKeithen read Cannady his Miranda [1] rights and questioned him several times about the murder. At one of the initial interviews, Cannady presented an alibi defense. McKeithen investigated the alibi and discovered its inaccuracy. Then McKeithen confronted Cannady that he had been seen in Panama City on the night before the murder. McKeithen asked Can-nady if he killed the victim, and Cannady, at some point during the interview said, “I think I should call my lawyer.” Continuing the questioning, McKeithen asked Cannady if he wanted “to talk about it,” whereupon Cannady broke down and admitted the killing. After this outburst, McKeithen interrogated Cannady in detail about the murder. Cannady then read and signed a written waiver of rights form and gave a transcribed confession.

There is conflicting testimony in the record by McKeithen as to whether the voluntary admission was made before or after Cannady requested counsel. McKeithen testified at his deposition and at trial that Cannady first stated, “I think I should call my lawyer,” and then he broke down and stated, “I didn’t mean to kill that man ... it wasn’t supposed to happened that way.” At the suppression hearing, McKeithen testified that Cannady first stated, “I didn’t mean to kill that man ... it wasn’t supposed to happen that way,” and then stated he needed to speak to his attorney. Whether the spontaneous statements were made before or after Cannady requested an attorney is immaterial since the statements were not made in response to interrogation. See Miranda, 384 U.S. at 467-479, 86 S.Ct. at 1624-1630.

Cannady’s outburst in which he stated that “he didn’t mean to kill that man” is not due to be suppressed. Voluntary and spontaneous comments by an accused, even after Miranda rights are asserted, are admissible evidence if the comments were not made in response to government questioning. See Lightbourne v. Dugger, 829 F.2d 1012, 1019 (11th Cir.1987), ce rt. denied, 488 U.S. 934, 109 S.Ct. 329, 102 L.Ed.2d 346 (1988); United States v. Suggs, 755 F.2d 1538, 1542 (11th Cir.1985). Cannady’s initial statement was not the product of interrogation. It was spontaneously and voluntarily made by Canna-dy during questioning by McKeithen as to his whereabouts on the night of the murder. At oral argument before this court, Cannady’s counsel alluded to the fact that these statements were voluntarily made. [2]

The statements which followed Cannady’s request for counsel are a different matter. We conclude that all subsequent statements should have been suppressed because they were obtained in violation of Cannady’s fifth amendment right. In Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), the Supreme Court held that the use of the petitioner’s confession against him at trial violated his right under the fifth and fourteenth amendments to have counsel present during custodial interrogation when the petitioner had previously requested an attorney. When an accused has invoked his right to have counsel present during custodial interrogation, a valid waiv[*755] er of that right cannot be established by showing only that he responded to police-initiated interrogation after being again advised of his rights. Edwards, 451 U.S. at 484-87, 101 S.Ct. at 1884-86. According to Edwards, once an accused requests an attorney, all questioning and interrogation must cease until the attorney is present.

If the request for counsel is equivocal (for example, a request to have both counsel and talk), further inquiries by the police must be limited to clarifying the initial request for counsel. No statement made after the request and before it is clarified may overcome the Miranda bar. Thomas v. Wainwright, 601 F.2d 768, 771 (5th Cir.1979). See also United States v. Pena, 897 F.2d 1075 (11th Cir.1990). Cannady’s statement, “I think I should call my lawyer,” was an unequivocal request for counsel. McKeithen knew Cannady wanted to speak to an attorney because McKeithen pushed the phone toward Cannady and waited for him to make the call. When Cannady did not call an attorney, McKeithen then asked, “would you like to talk about it?” This statement is not a clarifying one. It is a question directly about the murder and any answer elicited from Cannady after this statement is a violation of Cannady’s constitutional rights. See Owens v. Alabama, 849 F.2d 536, 539 (11th Cir.1988). In Owens, this court held that continued questions about a murder violated Miranda rights when the accused had stated that he thought he would let the state appoint him counsel. Here, McKeithen’s question to Cannady was obviously whether Cannady wanted to talk about the crime, not whether Cannady wanted an attorney. McKeithen knew that Cannady wanted an attorney, and he should have procured an attorney for him.

Because we hold that Cannady’s petition for writ of habeas corpus is due to be granted on the basis that his confession was illegally obtained, we need not address the remaining issues presented in this appeal.

In conclusion, we reverse the district court’s denial of Cannady’s petition for writ of habeas corpus and remand this case to the district court with directions to grant the writ and afford the state an opportunity to retry Cannady.

REVERSED AND REMANDED WITH DIRECTIONS.

1

. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

2

. At oral argument, Modesitt, counsel for Can-nady, stated: “Well, he [Cannady] said, ‘It wasn't supposed to happen that way ... I didn't mean to kill that man.’ Now, I don’t think this is a confession ... I think it's an incriminating statement, but I’d rather go back to trial with that one than the next two that occurred after that.” Cannady’s counsel at oral argument also stated: "If the Court finds that it was a voluntary statement when the defendant said, ‘I think I ought to talk to a lawyer’ and then he volunteers and says, ‘Well, I didn’t mean to kill that man ... it wasn’t supposed to happen that way.’ If the court finds that to be voluntary and admissible, I may agree that might be appropriate. But the following statements after that were the product of interrogation by the officer; they were [there was] no effort to clarify whether he wanted an attorney or not and there was no need for clarification.... ”