texas v cobb

We see no constitutional difference between the meaning of the term "offense" in the contexts of double jeopardy and of the right to counsel. See also id., at 168 ("[T]he purpose of their meeting was to discuss the pending charges"); id., at 177 ("[T]he police knew ... that Moulton and [the informant] were meeting for the express purpose of discussing the pending charges ..." (emphasis added)). But, more to the point, the simple-sounding Blockburger test has proved extraordinarily difficult to administer in practice. Thus, the police could ask the individual charged with robbery about, say, the assault of the cashier not yet charged, or about any other uncharged offense (unless under Blockburger's definition it counts as the "same crime"), all without notifying counsel. v. RAYMOND LEVI COBB ON WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONER INTEREST OF THE UNITED STATES. No. Thus, respondent's reliance on Moulton is misplaced and, in light of the language employed there and subsequently in McNeil, puzzling. The judgment of the Court of Criminal Appeals of Texas is reversed. That means that most of the different crimes mentioned above are not the "same offense." What is left of the "communicate through counsel" rule? Rev. On appeal to the Texas Court of Criminal Appeals, he argued, inter alia, that his confession should have been suppressed because it was obtained in violation of his Sixth Amendment right to counsel, which he claimed attached when counsel was appointed in the burglary case. See Michigan v. Jackson, 475 U. S. 625, 633, 636 (1986) (waiver. The language used lacks the precision for which police officers may hope; and it requires lower courts to specify its meaning further as they apply it in individual cases. Shortly after Ridley's appointment, investigators asked and received his permission to question respondent about the disappearances. 157 (Feb. 19, 1997) (testimony by police officer who obtained murder confession) ("Basically what he told us is he had gone over to the house to burglarize it and nobody was home"); 22 Record, State's Exh. Google Chrome, 283, 284, and n.5 (1988) (version of Model Rule 4.2 or its predecessor has been adopted by all 50 States). But the Moulton Court did not address the question now before us, and to the extent Moulton spoke to the matter at all, it expressly referred to the offense-specific nature of the Sixth Amendment right to counsel: "The police have an interest in the thorough investigation of crimes for which formal charges have already been filed. Indeed, the majority's rule would permit law enforcement officials to question anyone charged with any crime in anyone of the examples just given about his or her conduct on the single relevant occasion without notifying counsel unless the prosecutor has charged every possible crime arising out of that same brief course of conduct. We can, and should, define "offense" in terms of the conduct that constitutes the crime that the offender committed on a particular occasion, including criminal acts that are "closely related to" or "inextricably intertwined with" the particular crime set forth in the charging instrument. See, e. g., Taylor v. State, supra, at 845 (stolen property charges and burglary); State v. Tucker, supra, at 278, 645 A. The court reversed and remanded, holding that once the right to counsel attaches to the offense charged, it also attaches to any other offense that is very closely related factually to the offense charged. See ante, at 168, n. 1 (majority opinion) (citing cases from the Third, Fourth, Fifth, Sixth, and Ninth Circuits as well as state courts in Massachusetts and Pennsylvania); Taylor v. State, 726 So. The Sixth Amendment right to counsel attaches quite without reference to the suspect's choice to speak with investigators after a Miranda warning. Relying on Michigan v. Jackson, 475 U. S. 625 (1986), respondent contended that his right to counsel had attached when Ridley was appointed in the burglary case and that Odessa police were therefore required to secure Ridley's permission before proceeding with the interrogation. With him on the brief were David A. Schulman and Lee Haidusek. At the same time, the majority's rule threatens the legal clarity necessary for effective law enforcement. Jackson focuses upon a suspect-perhaps a frightened or uneducated suspect-who, hesitant to rely upon his own unaided judgment in his dealings with the police, has invoked his constitutional right to legal assistance in such matters. 347, 354-356, 616 A. Although it is clear that the Sixth Amendment right to counsel attaches only to charged offenses, we have recog-. This case focuses upon the meaning of a single word, "offense," when it arises in the context of the Sixth Amendment. eral Robinson, Deputy Solicitor General Dreeben, and Deborah Watson. See Brewer v. Williams, 430 U. S. 387, 401 (1977); Kirby v. Illinois, 406 U. S. 682, 689 (1972); Massiah v. United States, 377 U. S. 201, 206 (1964). 259, 277-278, 645 A. He later confessed to his father that he had killed the woman and child, and his father then contacted the police. ASS’N v. COBB ET AL. There would be little justification for this extension of a rule that, even in a more limited application, rests on a doubtful rationale. I laid the baby down on the ground four or five feet away from its mother. In Brewer v. Williams, the effect of the majority's rule would have been even more dramatic. Compare Iowa Code § 690.2 (1950 and Supp. At the suggestion of police, the informant recorded several telephone calls and one face-to-face conversation he had with Moulton during which the two discussed their criminal exploits and possible alibis. Curiously, while predicting disastrous consequences for the core values underlying the Sixth Amendment, see post, at 3-7 (opinion of Breyer, J. We have since applied the Blockburger test to delineate the scope of the Fifth Amendment's Double Jeopardy Clause, which prevents multiple or successive prosecutions for the "same offence." For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. See, e.g., Michigan v. Jackson, supra, at 632 (Sixth Amendment prevents police from questioning represented defendant through informants even when Fifth Amendment would not); Rhode Island v. Innis, 446 U. S. 291, 300, n. 4 (1980) (Fifth Amendment right, unlike Sixth, applies only in custodial interrogation). The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." 99-1702. 1999); People v. Clankie, 124 Ill. 2d 456, 462-466, 530 N. E. 2d 448, 451-453 (1988); State v. Tucker, 137 N. J. As defined by Texas law, these crimes are not the same offense under Blockburger. Drew Edmondson of Oklahoma, D. Michael Fisher of Pennsylvania, Charles M. Condon of South Carolina, Mark Barnett of South Dakota, Mark L. Earley of Virginia, and Gay Woodhouse of Wyoming; for the Criminal Justice Legal Foundation by Kent S. Scheidegger and Charles L. Hobson; and for the National Association of Police Organizations et al. "Since the ready ability to obtain uncoerced confessions is not an evil but an unmitigated good, society would be the loser. At the same time, the majority's rule threatens the legal clarity necessary for effective law enforcement. Pp. Ante, at 1 (Kennedy, J., concurring). 1999); People v. Clankie, 124 Ill. 2d 456, 462-466, 530 N. E. 2d 448, 451-453 (1988); State v. Tucker, 137 N. J. While under arrest for an unrelated offense, respondent confessed to a home burglary, but denied knowledge of a woman and … Fourth, the particular aspect of the right here at issue--the rule that the police ordinarily must communicate with the defendant through counsel--has important limits. See id., at 176. By Alec Magstadt Jared Phinney Sources www. The question in this case is whether the police violated respondent's Sixth Amendment rights under Michigan v. See Miranda, supra, at 479. I put the lady in the hole and I covered them up. Contributor Names Rehnquist, William H. (Judge) Supreme Court of the United States (Author) Const., Amdt. Gideon v. Wainwright, 372 U. S., at 344. Legal challenges are inevitable. Respondent then stated: "'I went back to her house and I saw the baby laying on its bed. See, e.g., Taylor v. State, supra, at 845 (stolen property charges and burglary); State v. Tucker, supra, at 278, 645 A. (applying Blockburger and concluding that contempt is same offense as underlying substantive crime), with 509 U. S., at 716-720 (REHNQUIST, C. J., concurring in part and dissenting in part) (applying Blockburger and deciding that the two are separate offenses). A protester blocking an entrance to a federal building might also be trespassing, failing to disperse, unlawfully assembling, and obstructing Government administration all at one and the same time. An arrest warrant was issued in Des Moines on a charge of abduction, and the suspect was arraigned on that warrant before a Davenport judge. We have since applied the Blockburger test to delineate the scope of the Fifth Amendment's Double Jeopardy Clause, which prevents multiple or successive prosecutions for the "same offence." But the acceptance of counsel at an arraignment or similar proceeding only begs the question: acceptance of counsel for what? Investigators repeated this process in September 1995, again with Ridley's permission and again with the same result. At trial, the State introduced portions of the recorded face-to-face conversation, and Moulton ultimately was convicted of three of the originally charged thefts plus one count of burglary. One might add that, unlike the majority's test, it is consistent with this Court's assumptions in previous cases. Albernaz v. United States, 450 U. S. 333, 343 (1981). The test to determine whether there are two different offenses or only one is whether each provision requires proof of a fact which the other does not. It cannot be invoked once for all future prosecutions, for it does not attach until a prosecution is commenced, that is, at or after the initiation of adversary judicial criminal proceedings-whether by way of formal charge, preliminary hearing, indictment, in-. See Miranda, supra, at 479. First, there can be no doubt that a suspect must be apprised of his rights against compulsory self-incrimination and to consult with an attorney before authorities may conduct custodial interrogation. In the course of those conversations, Moulton made various incriminating statements regarding both the thefts for which he had been charged and additional crimes. First, there can be no doubt that a suspect must be apprised of his rights against compulsory self-incrimination and to consult with an attorney before authorities may conduct custodial interrogation. See Miranda v. Arizona, 384 U. S. 436 (1966). These considerations are sufficient. See, e.g., Commonwealth v. Rainwater, 425 Mass. " 474 U. S., at 168 (quoting State v. Moulton, 481 A. Under many States' laws, for example, the statute defining assault and the statute defining robbery each requires proof of a fact that the other does not. And it will, on a random basis, remove a significant portion of the protection that this Court has found inherent in the Sixth Amendment. SUPREME COURT OF THE UNITED STATES. 2000 WL 275644, *3 (2000) (citations omitted). The court held that "once the right to counsel attaches to the offense charged, it also attaches to any other offense that is very closely related factually to the offense charged." At the suggestion of police, the informant recorded several telephone calls and one face-to-face conversation he had with Moulton during which the two discussed their criminal exploits and possible alibis. 167-172. Judges, lawyers, and law professors often disagree about how to apply it. The court held that "once the right to counsel attaches to. Texas v. Cobb, 532 U.S. 162 (2001), is an important 2001 Supreme Court criminal procedure decision which held that the Sixth Amendment right to counsel is offense-specific and does not always extend to offenses that are closely related to those where the right has been attached. Moulton is similarly unhelpful to respondent. evidence pertaining to charges as to which the Sixth Amendment right to counsel had not attached at the time the evidence was obtained, simply because other charges were pending at that time, would unnecessarily frustrate the public's interest in the investigation of criminal activities." 99-1702. In the instant case, Cobb at no time indicated to law enforcement authorities that he elected to remain silent about the double murder. No. 30, 56-57, 665 A. Des Moines police traveled to Davenport, took the man into custody, and began the drive back to Des Moines. Several basic background principles define that context. Held: Because the Sixth Amendment right to counsel is "offense specific," it does not necessarily extend to offenses that are "factually related" to those that have actually been charged. Defendant moved to suppress the confession, claiming interrogating after indictment violated his Sixth Amendment right to counsel. One cannot say in favor of this commonly followed approach that it is perfectly clear--only that, because it comports with common sense, it is far easier to apply than that of the majority. He was indicted for the burglary, and counsel was appointed to represent him. While under arrest for an unrelated offense, respondent confessed to a home burglary, but denied knowledge of a woman and child's disappearance from the home. He also informed police that his wife and daughter were missing. The Court's opinion is altogether sufficient to explain why the decision of the Texas Court of Criminal Appeals should be reversed for failure to recognize the offense-specific nature of the Sixth Amendment right to counsel. With him on the brief were David A. Schulman and Lee Haidusek. In particular, recognizing the need for law enforcement officials to investigate "new or additional crimes" not the subject of current proceedings, Maine v. Moulton, supra, at 179, this Court has made clear that the right to counsel does not attach to any and every crime that an accused may commit or have committed, see McNeil v. Wisconsin, 501 U. S. 171, 175-176 (1991). 99-1702. We decline to do so. The Miranda rule, and the related preventative rule of Edwards v. Arizona, 451 U. S. 477 (1981), serve to protect a suspect's voluntary choice not to speak outside his lawyer's presence. Maine v. Moulton, supra, at 176. App. See also id., at 168 ("[T]he purpose of their meeting was to discuss the pending charges"); id., at 177 ("[T]he police knew ... that Moulton and [the informant] were meeting for the express purpose of discussing the pending charges ... " (emphasis added)). Argued January 16, 2001—Decided April 2, 2001. Justice Breyer defends Jackson by arguing that, once a suspect has accepted counsel at the commencement of adversarial proceedings, he should not be forced to confront the police during interrogation without the assistance of counsel. v. RAYMOND LEVI COBB ON WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONER INTEREST OF THE UNITED STATES. In Brewer, a suspect in the abduction and murder of a 10-year-old girl had fled from the scene of the crime in Des Moines, Iowa, some 160 miles east to Davenport, Iowa, where he surrendered to police. While under arrest for an unrelated offense, respondent confessed to a home burglary, but denied knowledge of a woman and child's disappearance from the home. See post, at 3-5 (dissenting opinion). Argued January 16, 200l-Decided April 2, 2001. The Texas Court of Criminal Appeals held that a criminal defendant's Sixth Amendment right to counsel attaches not only to the offense with which he is charged, but to other offenses "closely related factually" to the charged offense. The Texas Court of Appeal held that Cobb's confession regarding an uncharged murder offense when he was charged with burglary, was inadmissible. Deterred by the possibility of violating the Sixth Amendment, police likely would refrain from questioning certain defendants altogether. Argued January 16, 2001. Texas v. Cobb case brief summary 532 U.S. 162 (2001) CASE SYNOPSIS. Respondent Raymond Levi Cobb lived across the street from the Owings. Three judges dissented, finding Michigan v. Jackson to be distinguishable and concluding that respondent had made a valid unilateral waiver of his right to counsel before confessing. The language used lacks the precision for which police officers may hope; and it requires lower courts to specify its meaning further as they apply it in individual cases. Along the way, one of the officers persuaded the suspect to lead police to the victim's body. Penal Code Ann. Here, police scrupulously followed Miranda's dictates when questioning respondent. Texas v. Cobb, 532 U.S. 162 (2001), was a United States Supreme Court case in which the Court held that the Sixth Amendment right to counsel is offense-specific and does not always extend to offenses that are closely related to those where the right has been attached. See ibid. By all indications, he made the voluntary choice to give his own account. Accordingly, the Sixth Amendment right to counsel did not bar police from interrogating respondent regarding the murders, and respondent's confession was therefore admissible. Pp. exact sequence and scope of events they are investigatingindeed, that is why police must investigate in the first place. A protester blocking an entrance to a federal building might also be trespassing, failing to disperse, unlawfully assembling, and obstructing Government administration all at one and the same time. Registry. Several basic background principles define that context. Brief for Respondent 8-9. FACTS: Owings reported that the home he shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. : case Date: April 02, 2001 objectives as set forth in this Court 's law. Right-To-Counsel contexts counsel at an arraignment or similar proceeding only begs the question: acceptance of counsel at an or! 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