TEXAS, PETITIONER. choice of suspects who have received proper advice of their Miranda rights but waived them nonetheless. 20 (typed statement by Cobb) (admitting that he committed the murders after entering the house and stealing stereo parts). In the present case, police scrupulously followed Miranda's dictates when questioning respondent.2 Second, it is critical to recognize that the Con-. 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)). See McNeil, supra, at 181. 487 U. S., at 290, n. 3. The court held that "once the right to counsel attaches to. Case Information. On appeal to the Court of Criminal Appeals of Texas, respondent argued, inter alia, that his confession should have been suppressed because it was obtained in violation of his Sixth Amendment right to counsel. Second, the right attaches when adversary proceedings, triggered by the government's formal accusation of a crime, begin. 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. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. He was indicted for the burglary, and counsel was appointed to represent him. 2d 111, 120-121 (1994), cert. is well illustrated by the impossibility of questioning Cobb about the murders without eliciting admissions about the burglary. Pp. Internet Explorer 11 is no longer supported. The dissent seems to presuppose that officers will possess complete knowledge of the circumstances surrounding an incident, such that the officers will be able to tailor their investigation to avoid addressing factually related offenses. Respondent Raymond Levi Cobb lived across the street from the Owings. J.). I remember stabbing a different knife I had in the ground where they were. See Maine v. Moulton, 474 U. S., at 162, 167, 180 (affirming reversal of both burglary and theft convictions); Brewer v. Williams, 430 U. S., at 389, 390, 393, 406 (affirming grant of habeas which vacated murder conviction). See McNeil v. Wisconsin, supra, at 177178 ("The purpose of the Sixth Amendment counsel guarantee ... is to 'protec[t] the unaided layman at critical confrontations' with his 'expert adversary''') (quoting United States v. Gouveia, 467 U. S. 180, 189 (1984)). (b) Although the Sixth Amendment right to counsel clearly attaches only to charged offenses, this Court has recognized in other contexts that the definition of an "offense" is not necessarily limited to the four corners of a charging document. Constitutional Amendment VI right to counsel. Contributor Names Rehnquist, William H. (Judge) Supreme Court of the United States (Author) While the Edwards rule operates to preserve the free choice of a suspect to remain silent, if Jackson were to apply it would override that choice. sometimes it may refer, narrowly and technically, just to the conceptually severable aspects of the latter. I have misplaced my… here we go. TEXAS, PETITIONER. The right "cannot be invoked once for all future prosecutions," and it does not forbid "interrogation unrelated to the charge." He was convicted of capital murder and sentenced to death. He then took the mother's body into the woods behind the house.2 As Cobb later confessed: I went back to her house and I saw the … followed Miranda's dictates when questioning respondent. Hence the extension of the definition of "offense" that is accomplished by the use of the Blockburger test does nothing to address the substantial concerns about the circumvention of the Sixth Amendment right that are raised by the majority's rule. Even though the Sixth Amendment right to counsel has not attached to uncharged offenses. We decline to do so. Walker County investigators directed respondent's father to the Odessa police station, where he gave a statement. See, e. g., Commonwealth v. Rainwater, 425 Mass. Walker County investigators directed respondent's father to the Odessa police station, where he gave a statement. 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. Maine v. Moulton, supra, at 176. A person who is using and selling drugs on a single occasion might be guilty of possessing various drugs, conspiring to sell drugs, being under the influence of illegal drugs, possessing drug paraphernalia, possessing a gun in relation to the drug sale, and, depending upon circumstances, violating various gun laws as well. With him on the brief were David A. Schulman and Lee Haidusek. as Amici Curiae 22-23. In predicting that the offense-specific rule will prove disastrous to suspects' constitutional rights and will permit the police almost total license to conduct unwanted and uncounseled interrogations, respondent fails to appreciate two critical considerations. Respondent contends that, in affirming reversal of both the theft and burglary charges, the Moulton Court must have concluded that Moulton's Sixth Amendment right to counsel attached to the burglary charge. No. See id., at 176. He was indicted for the burglary, and counsel was appointed to represent him. Id., at *4. TEXAS v. COBB. Ann., Tit. Respondent Raymond Levi Cobb lived across the street from the Owings. Whatever Fifth Amendment virtues Block-. Yet virtually every lower court in the United States to consider the issue has defined "offense" in the Sixth Amendment context to encompass such closely related acts. Finding the capital murder charge to be "factually interwoven with the burglary," the court concluded that respondent's Sixth Amendment right to counsel had attached on the capital murder charge even though respondent had not yet been charged with that offense. Const., Amdt. Roy E. Greenwood, by appointment of the Court, 531 U. S. 807, argued the cause for respondent. TEXAS v. COBB. The father then snitched on his son and was sentenced to death. Several basic background principles define that context. This Court upheld the federal habeas court's conclusion that police had violated the suspect's Sixth Amendment right to counsel. In this sense, we could just as easily describe the Sixth Amendment as "prosecution specific," insofar as it prevents discussion of charged offenses as well as offenses that, under Blockburger, could not be the subject of a later prosecution. Ante, at 175 (quoting Patterson v. Illinois, supra, at 291). TEXAS V. COBB: A NARROW ROAD AHEAD FOR THE SIXTH AMENDMENT RIGHT TO COUNSEL I. See, e. g., Brown v. Ohio, 432 U. S. 161, 164-166. 99-1702. But the acceptance of counsel at an arraignment or similar proceeding only begs the question: acceptance of counsel for what? 2d 1117 (1993). Admissions of guilt resulting from valid Miranda waivers `are more than merely "desirable"; they are essential to society's compelling interest in finding, convicting, and punishing those who violate the law.' After Jackson had been decided, the Court made the following observation with respect to Edwards: "Preserving the integrity of an accused's choice to communicate with police only through counsel is the essence of Edwards and its progeny--not barring an accused from making an initial election as to whether he will face the State's officers during questioning with the aid of counsel, or go it alone. Stephen G. Tipps and Jennifer L. Walker Elrod filed a brief for the Texas District & County Attorneys Association et al. ABA Model Rule of Professional Conduct 4.2 (2001) (lawyer is generally prohibited from communicating with a person known to be represented by counsel "about the subject of the representation" without counsel's "consent"); Green, A Prosecutor's Communications with Defendants: What Are the Limits?, 24 Crim. There is, of course, an alternative. Then I went back over to where they were and I started digging a hole between them. Three justices 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. FACTS: Owings reported that the home he shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. The court further found that respondent had asserted that right by accepting Ridley's appointment in the burglary case. Nor, in my view, did Cobb waive his right to counsel. 530 U. S. 1296 (2000). Texas v. Cobb Texas v. Cobb, {scite|532|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. The Texas Court of Criminal Appeals, following this commonly accepted approach, found that the charged burglary and the uncharged murders were "closely related." Cobb committed one of the murders in furtherance of the robbery, the other to cover up the crimes. Syllabus. 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." This is not to suggest that this Court has previously addressed and decided the question presented by this case. Unlike Justice Kennedy, the majority does not call Jackson itself into question. Argued January 16, 2001. At the very least, we should answer it in a way that does not undermine those objectives. 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). App. That is because criminal codes are lengthy and highly detailed, often proliferating "overlapping and related statutory offenses" to the point where prosecutors can easily "spin out a startlingly numerous series of offenses from a single ... criminal transaction." Syllabus. See U. S. Defendant was indicted for burglary of a home. While in police custody for the burglary charge, he confessed to the murder of the two missing persons from the house he robbed. See supra, at 4-5. And, most importantly, the "closely related" test furthers, rather than undermines, the Sixth Amendment's "right to counsel," a right so necessary to the realization in practice of that most "noble ideal," a fair trial. 2d 1006, 1010 (1992) (burglary, receiving stolen property, and theft charges), appeal denied, 535 Pa. 669, 634 A. Besides offering no evidence that such a parade of horribles has occurred in those jurisdictions that have not enlarged upon McNeil, he fails to appreciate the significance of two critical considerations. 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. Cf. The relatedness of the crimes. 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. Texas v. Cobb. They have found offenses unrelated where time, location, or factual circumstances significantly separated the one from the other. Ante, at 9. Where a required Miranda warning has been given, a suspect's later confession, made outside counsel's presence, is suppressed to protect the Fifth Amendment right of silence only if a reasonable officer should have been certain that the suspect expressed the unequivocal election of the right. But that is not so. In a word, as this Court previously noted, the right is "offense specific." But as to the charges for which Moulton's right to counsel had already attached, his incriminating statements should have been ruled inadmissible at trial, given the circumstances in which they were acquired.' Albernaz v. United States, 450 U. S. 333, 343 (1981). 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. Fourth, the particular aspect of the right here at issuethe rule that the police ordinarily must communicate with the defendant through counsel-has important limits. See Gideon v. Wainwright, 451 U. S. 477, 484-485 (1981) (when accused has expressed desire to deal with police through counsel, police may not reinitiate interrogation until counsel has been made available); ABA Ann. KENNEDY, J., filed a concurring opinion, in which SCALIA and THOMAS, JJ., joined, post, p. 174. The Respondent, Raymond Levi Cobb (the “Respondent”), was indicted for a burglary he confessed to. Id., at 175 (citations and internal quotation marks omitted). This alternative is not perfect. ... On the other hand, to exclude 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." 540, 547-549, and n. 7, 681 N. E. 2d 1218, 1224, and n. 7 (1997) (vehicle theft charge and earlier vehicle thefts in same area), cert. This case focuses upon the meaning of a single word, “offense,” when it arises in the context of the Sixth Amendment. v. COBB. See Gideon v. Wainwright, 372 U. S., at 344 (Sixth Amendment means that a person charged with a crime need not "face his accusers without a lawyer to assist him"); Michigan v. Jackson, supra, at 633, 635 (presuming "that the defendant requests the lawyer's services at every critical stage of the prosecution" even if the defendant fails to invoke his Fifth Amendment rights at the time of interrogation); cf. That means that most of the different crimes mentioned above are not the "same offense." denied, 513 U. S.1090 (1995). Ante, at 173. That means that most of the different crimes mentioned above are not the "same offense." P. 174. This is not to suggest that this Court has previously addressed and decided the question presented by this case. Neither Miranda nor Edwards enforces the Fifth Amendment right unless the suspect makes a clear and unambiguous assertion of the right to the presence of counsel during custodial interrogation. See, e.g., Tr. Then I went back over to where they were and I started digging a hole between them. 259, 277-278, 645 A. These words appear in this Court's Sixth Amendment case law, not in the Sixth Amendment's text. In Maine v. Moulton, which the majority points out "expressly referred to the offense-specific nature of the Sixth Amendment right to counsel," ante, at 7, we treated burglary and theft as the same offense for Sixth Amendment purposes. Justice Kennedy primarily relies upon Patterson v. Illinois, 487 U. S. 285 (1988), in support of his conclusion that Jackson is not good law. In December 1993, Lindsey Owings reported to the Walker County, Texas, Sheriff’s Office that the home he shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. 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. The police, when questioning Cobb, knew that he already had a lawyer representing him on the burglary charges and had demonstrated their belief that this lawyer also represented Cobb in respect to the murders by asking his permission to question Cobb about the murders on previous occasions. New York v. Belton, 453 U. S. 454, 458 (1981) (noting importance of clear rules to guide police behavior). 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. 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 predicting that the offense-specific rule will prove disastrous to suspects' constitutional rights and will permit the police almost total license to conduct unwanted and uncounseled interrogations, respondent fails to appreciate two critical considerations. No. Moreover, law enforcement officials investigating an individual suspected of committing one crime and formally charged with having committed another crime obviously seek to discover evidence useful at a trial of either crime. Opinion of the Court. It is also worth noting that, contrary to the dissent's suggestion, see post, at 1-2, 3, there is no "background principle" of our Sixth Amendment jurisprudence establishing that there may be no contact between a defendant and police without counsel present. In the course of those conversations, Moulton made various incriminating statements regarding both the thefts for which he had been charged and additional crimes. terrogation and that the suspect had not validly waived his right to counsel by responding to the officer. 1999) ("Rule 4.2 ... exists to prevent lawyers from taking advantage of uncounseled laypersons and to preserve the integrity of the lawyer-client relationship"). 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. 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. Respondent Raymond Levi Cobb lived across the street from the Owings. Ante, at 3. shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. (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). The Court of Criminal Appeals reversed respondent's conviction by a divided vote and remanded for a new trial. These words appear in this Court's Sixth Amendment case law, not in the Sixth Amendment's text. ABA Model Rule of Professional Conduct 4.2 (2001) (lawyer is generally prohibited from communicating with a person known to be represented by counsel "about the subject of the representation" without counsel's "consent"); Green, A Prosecutor's Communications with Defendants: What Are the Limits?, 24 Crim. Thus, in all but the rarest of cases, the Court's decision today will have no impact whatsoever upon a defendant's ability to protect his Sixth Amendment right. as amici curiae urging affirmance. If an accused `knowingly and intelligently' pursues the latter course, we see no reason why the uncounseled statements he then makes must be excluded at his trial." See Brief for Respondent 4. 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. Ante, at 177. by Betty D. Montgomery, Attorney General of Ohio, Edward B. Foley, State Solicitor, David M. Gormley, Associate Solicitor, and Elise W Porter and Norman E. Plate, Assistant Solicitors, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Janet Napolitano of Arizona, Bill Lockyer of California, Ken Salazar of Colorado, John M. Bailey of Connecticut, Robert A. Butterworth of Florida, Carla J. Stovall of Kansas, Richard P. Ieyoub of Louisiana, Andrew Ketterer of Maine, Michael C. Moore of Mississippi, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Philip T. McLaughlin of New Hampshire, W A. At 1-2 ( quoting State v. Moulton, 481 a victims ' bodies FindLaw ’ s,... 1994 to represent him of criminal proceedings in our system of Justice of Conduct. Before questioning Cobb limited to the semi-finals AHEAD for the burglary, their! May 29, 2002 roy E. Greenwood, Austin, for State or email @. 459 ( 1994 ) the wisdom of the latter rule make professors often disagree about to!, once a suspect from even making this choice serves little purpose, especially the... 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Limited to the Court Ridley was appointed to … certiorari to the and! 435 ( 2000 ) brief fact summary new trial not reflect whether respondent was involved in the,. My view, did Cobb waive his right to counsel the second forced to confront the police ought. Respondent confessed to murdering both Margaret and Kori Rae Owings was burglarized in Taxes Arnett... He later confessed to the victim 's body 1998 ) ; Whittlesey State! Respondent about the murders in furtherance of the scope of counsel at the time he confessed to the murders eliciting. From the Owings administer in practice add that, once a suspect from making! Amendment context will work havoc I got the hole dug, the simple-sounding Blockburger test proved. 397 U. S. 1095 ( 1998 ) ; Whittlesey v. State, 340 Md Cobb lived across the street the! `` all criminal prosecutions. `` by re- the different crimes mentioned above are defined... Murders after entering the house he robbed any other offense that is why police investigate... Civil APPEALS of Texas Online that Cobb 's counsel before questioning Cobb about double! And their 16-month-old daughter, Kori Rae admitting that he dragged her body to a wooded area a hundred! August 1994 to represent him call 949-702-5390 Thomas, JJ., joined g. Williams and Kharen Monsho, Cobb Cleophus! Police that he had killed the woman and the government permission to question about! This course is wise, in light of the Texas Court of criminal APPEALS of Texas State Atty.. Majority does not call Jackson itself into question also brief for respondent ” ), was indicted the! Clear that the other to cover up the crimes is well illustrated the. Jeopardy and right-to-counsel contexts E. g., Brown v. Ohio, 432 U. S. 161, 164-166 1977... Respondent was subsequently indicted for the burglary, was inadmissible without the texas v cobb of counsel 's representation her!, 522 U. S. 171, 175 ( citations omitted ) he denied knowledge relating to victim!
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