texas v cobb

The Texas Court of Appeal held that Cobb's confession regarding an uncharged murder offense when he was charged with burglary, was inadmissible. See id., at 176. We hold that our decision in McNeil v. Wisconsin, 501 U. S. 171 (1991), meant what it said, and that the Sixth Amendment right is "offense specific.". as Amici Curiae 22-23. 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. A suspect may initiate communication with the police, thereby avoiding the risk that the police induced him to make, unaided, the kind of critical legal decision best made with the help of counsel, whom he has requested. 2d 1117 (1993). The Respondent, Raymond Levi Cobb (the “Respondent”), was indicted for a burglary he confessed to. They also have an interest in investigating new or additional crimes. At the time he confessed to Odessa police, respondent had been indicted for burglary of the Owings residence, but he had not been charged in the murders of Margaret and Kori Rae. CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS No. See, e. g., Brown v. Ohio, 432 U. S. 161, 164-166 (1977). 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. del. As defined by Texas law, these crimes are not the same offense under Blockburger. There is little justification for not applying the same course of reasoning with equal force to the court-made preventative rule announced in Jackson; for Jackson, after all, was a wholesale importation of the Edwards rule into the Sixth Amendment. We recommend using All occurred during a short period of time on the same day in the same basic location. Decided April 2, 2001. 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. See Miranda v. Arizona, 384 U. S., at 479; Dickerson v. United States, 530 U. S. 428, 435 (2000) (quoting Miranda). With him on the briefs were John Cornyn, Attorney General, Andy Taylor, First Assistant Attorney General, and S. Kyle Duncan, Assistant Solicitor General. Compare Tex. The dissent would expand the Sixth Amendment right to the assistance of counsel in a criminal prosecution into a rule which " `exists to prevent lawyers from taking advantage of uncounseled laypersons and to preserve the integrity of the lawyer-client relationship.' 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. Pp. TEXAS. I remember stabbing a different knife I had in the ground where they were. I laid the baby down on the ground four or five feet away from its mother. After being appointed a lawyer to represent him in his burglar case he confessed to his father about killing the woman and the child. 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. Because we answer the first question in the negative, we do not reach the second. In theory, the test says that two offenses are the "same offense" unless each requires proof of a fact that the other does not. The Court's opinion, however, simply did not address the significance of the fact that the suspect had been arraigned only on the abduction charge, nor did the parties in any way argue this question. Argued January 16, 2001–Decided April 2, 2001. The court further found that respondent had asserted that right by accepting Ridley's appointment in the burglary case. App. The victims of the murders were also victims of the burglary. 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. Mr. Coleman. 1 See, e. g., United States v. Covarrubias, 179 F.3d 1219, 1223-1224 (CA9 1999); United States v. Melgar, 139 F.3d 1005, 1013 (CA4 1998); United States v. Doherty, 126 F.3d 769, 776 (CA6 1997); United States v. Arnold, 106 F.3d 37, 41 (CA3 1997); United States v. Williams, 993 F.2d 451, 457 (CA5 1993); Commonwealth v. Rainwater, 425 Mass. In November 1995, respondent, free on bond in the burglary case, was living with his father in Odessa, Texas. He was indicted for the burglary, and counsel was appointed to represent him. But the Court today decides that "offense" means the crime set forth within "the four corners of a charging instrument," along with other crimes that "would be considered the same offense" under the test established by Blockburger v. United States, 284 U. S. 299 (1932). TEXAS v. COBB(2001) No. one from the other. By Alec Magstadt Jared Phinney Sources www. TEXAS V. COBB. Investigators repeated this process in September 1995, again with Ridley's permission and again with the same result. 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. This case focuses upon the last-mentioned principle, in particular upon the meaning of the words "offense specific." 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. The father then snitched on his son and was sentenced to death. In the present case, police scrupulously followed Miranda's dictates when questioning respondent.2 Second, it is critical to recognize that the Constitution does not negate society's interest in the ability of police to talk to witnesses and suspects, even those who have been charged with other offenses. 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 was subsequently indicted for the burglary, and Hal Ridley was appointed in August 1994 to represent respondent on that charge. 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. In fact, under the rule today announced by the majority, two of the seminal cases in our Sixth Amendment jurisprudence would have come out differently. 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, e.g., Michigan v. Jackson, supra, at 636 ("We conclude that the assertion [of the right to counsel] is no less significant, and the need for additional safeguards no less clear, when the request for counsel is made at an arraignment and when the basis for the claim is the Sixth Amendment"). Respondent was convicted of capital murder and argued that his confession was obtained in violation of his U.S. See, e.g., Tr. " McNeil, 475 U. S. 412, 426 (1986)). 2d 1006, 1010 1011 (Pa. Super. See Brief for Respondent 4. 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. Respondent suggests that Brewer implicitly held that the right to counsel attached to the factually related murder when the suspect was arraigned on the abduction charge. Lisa Schiavo Blatt argued the cause for the United States as amicus curiae urging reversal. 2d, at 121 (burglary, robbery, and murder of home's occupant); In re Pack, 420 Pa. Super. He quotes Patterson's statement that the Constitution does" 'not ba[r] an accused from making an initial election as to whether'" to speak with the police without counsel's assistance. The appellate court reversed Cobb's conviction, finding that Cobb had invoked his Sixth Amendment right to counsel when he was taken into custody on the burglary charge and concluding that the right attached to any subsequent charges bearing a close factual relationship to the burglary. Penal Code Ann. 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. Justice Kennedy primarily relies upon Patterson v. Illinois, 487 U. S. 285 (1988), in support of his conclusion that Jackson is not good law. He was sentenced to death. Third, once this right attaches, law enforcement officials are required, in most circumstances, to deal with the defendant through counsel rather than directly, even if the defendant has waived his Fifth Amendment rights. Ashe v. Swenson, 397 U. S. 436, 445, n. 10 (1970). Begin typing to search, use arrow keys to navigate, use enter to select. JUSTICE KENNEDY, with whom JUSTICE SCALIA and JUSTICE THOMAS join, concurring. Decided April 2, 2001. Penal Code Ann. 532 U.S. 162 (2001) NATURE OF THE CASE: This was a dispute over the scope of attachment when Sixth Amendment Right to counsel attaches. Curiously, while predicting disastrous consequences for the core values underlying the Sixth Amendment, see post, at 3-7 (opinion of Breyer, J. Moulton is similarly unhelpful to respondent. No. Facts: The respondent brought this action seeking to reverse a conviction for capital murder and a death penalty sentence. Then I went back over to where they were and I started digging a hole between them. In McNeil v. Wisconsin, 501 U. S. 171 (1991), we explained when this right arises: "The Sixth Amendment right [to counsel] ... is offense specific. Yet the Court now asks, not the lawyers and judges who ordinarily work with double jeopardy law, but police officers in the field, to navigate Blockburger when they question suspects. 1978) (first-degree murder) (requiring a killing) with Iowa Code §706.2 (1950) (repealed 1978) (child-stealing) (requiring proof that a child under 16 was taken with the intent to conceal the child from his or her parent or guardian). 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). I have misplaced my… here we go. Texas v. Cobb. certiorari to the court of criminal appeals of texas. Here, police scrupulously. 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, e. g., Brown v. Ohio, 432 U. S. 161, 164-166. For these reasons, the Sixth Amendment right at issue is independent of the Fifth Amendment's protections; and the importance of this Sixth Amendment right has been repeatedly recognized in our cases. INTRODUCTION Raymond Cobb ("Cobb") stabbed sixteen-month-old Kori Rae Owings's mother in the stomach while he was attempting to steal the stereo from their home.' 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. These courts have found offenses "closely related" where they involved the same victim, set of acts, evidence, or motivation. With her on the brief were Solicitor General Waxman, Assistant Attorney Gen-. 259, 277-278, 645 A. Compare Texas Penal Code Ann. Sometimes the term "offense" may refer to words that are written in a criminal statute; sometimes it may refer generally to a course of conduct in the world, aspects of which constitute the elements of one or more crimes; and. 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. Rather, it is to point out that the Court's conception of the Sixth Amendment right at the time that Moulton and Brewer were decided naturally presumed that it extended to factually related but uncharged offenses. 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. Ante, at 172, n. 2 (majority opinion); see also ante, at 175-176 (KENNEDY, J., concurring). 2d 841, 845 (Fla. App. Walker County investigators directed respondent's father to the Odessa police station, where he gave a statement. That means that most of the different crimes mentioned above are not the "same offense." Reset A A Font size: Print. 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. 2 years ago. Constitutional rights are not defined by inferences from opinions which did not address the question at issue. See, e. g., Michigan v. Jackson, supra, at 636 ("We conclude that the assertion [of the right to counsel] is no less significant, and the need for additional safeguards no less clear, when the request for counsel is made at an arraignment and when the basis for the claim is the Sixth Amendment"). 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. 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. 259, 277-278, 645 A. Firefox, or These events may be quite independent of the suspect's election to remain silent, the interest which the Edwards rule serves to protect with respect to Miranda and the Fifth Amendment, and it thus makes little sense for a protective rule to attach absent such an election by the suspect. TEXAS, PETITIONER v. RAYMOND LEVI COBB ON WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS [April 2, 2001] Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join, dissenting. We ought to question the wisdom of a judge-made preventative rule to protect a suspect's desire not to speak when it cannot be shown that he had that intent. McNeil v. Wisconsin, 501 U.S. at 178; see also Arizona v. Roberson, 486 U.S. at 685. 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. In Brewer v. Williams, the effect of the majority's rule would have been even more dramatic. All occurred during a short period of time on the same day in the same basic location. Ante, at 8, n. 2 (majority opinion); see also ante, at 2-3 (Kennedy, J., concurring). Respondent Raymond Levi Cobb lived across the street from the Owings. But that is not so. 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. No. Ante, at 175 (quoting Patterson v. Illinois, supra, at 291). See Brief for Respondent 13-14; see also Brief for the National Association of Criminal Defense Lawyers et al. Bertuzzi v . 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 … 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. 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.' Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join, dissenting. The record does not reflect whether respondent was ever tried in a separate proceeding for burglary. TEXAS v. COBB U.S. Supreme Court (2 Apr, 2001) 2 Apr, 2001; Subsequent References; Similar Judgments; TEXAS v. COBB. Syllabus. New York v. Belton, 453 U. S. 454, 458 (1981) (noting importance of clear rules to guide police behavior). Respondent Raymond Levi Cobb lived across the street from the Owings. 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). We ought to question the wisdom of a judge-made preventative rule to protect a suspect's desire not to speak when it cannot be shown that he had that intent. 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, information, or arraignment." Audio Transcription for Oral Argument - January 16, 2001 in Texas v. Cobb Audio Transcription for Opinion Announcement - April 02, 2001 in Texas v. Cobb William H. Rehnquist: I have the opinion of the Court to announce in No. Respondent then gave a written statement confessing to the burglary, but he denied knowledge relating to the disappearances. Thus, the Sixth Amendment right to counsel did not bar police from interrogating respondent regarding the murders, and his confession was therefore admissible. But that is not so. 2d 1117 (1993). By all indications, he made the voluntary choice to give his own account. That case involved two individuals indicted for a series of thefts, one of whom had secretly agreed to cooperate with the police investigation of his codefendant, Moulton. Model Rule of Professional Conduct 4.2, p. 398, comment. Odessa police then faxed the statement to Walker County, where investigators secured a warrant for respondent's arrest and faxed it back to Odessa. See U. S. The judgment of the Court of Criminal Appeals of Texas is reversed. 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. Hagans v. Lavine, 415 U.S. 528, 535, n. 5 (1974) ( [W]hen questions of jurisdiction have been passed on in prior decisions sub silentio, this Court has never considered itself bound when a subsequent case … Some state courts and Federal Courts of Appeals, however, have read into McNeil's offense-specific definition an exception for crimes that are "factually related" to a charged offense. Model Rule of Professional Conduct 4.2, p.398, comment. See ante, at 5, 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. This alternative is not perfect. This case requires us to determine whether an "offense"--for Sixth Amendment purposes--includes factually related aspects of a single course of conduct other than those few acts that make up the essential elements of the crime charged. Judges, lawyers, and law professors often disagree about how to apply it. Gregory S. Coleman, Solicitor General of Texas, argued the cause for petitioner. 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. He later … TEXAS v. COBB(2001) No. This Court upheld the federal habeas court's conclusion that police had violated the suspect's Sixth Amendment right to counsel. In July 1994, while under arrest for an unrelated offense, respondent was again questioned about the incident. In a word, the police may not force a suspect who has asked for legal counsel to make a critical legal choice without the legal assistance that he has requested and that the Constitution guarantees. He was sentenced to death. 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. I have misplaced my… here we go. In Blockburger v. United States, 284 U. S. 299 (1932), we explained that "where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not." See post, at 179-181. Id., at 175 (citations and internal quotation marks omitted). 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. Cobb tried to argue that it was violating the 6th amendment. Id., at 175, 178. Jackson says that, once such a request has been made, the police may not simply throw that suspect-who does not trust his own unaided judgment-back upon his own devices by requiring him to rely for protection upon that same unaided judgment that he previously rejected as inadequate. 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. That is because the majority, aware that the word "offense" ought to encompass something beyond "the four corners of the charging instrument," imports into Sixth Amendment law the definition of "offense" set forth in Blockburger v. United States, 284 U. S. 299 (1932), a case interpreting the Double Jeopardy Clause of the Fifth Amendment, which Clause uses the word "offence" but otherwise has no relevance here. 99-1702. No. Syllabus. REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, and THOMAS, JJ., joined. He was indicted for the burglary, and counsel was appointed to represent him. Texas v. Cobb case brief summary 532 U.S. 162 (2001) CASE SYNOPSIS. He was indicted for the burglary, and counsel was appointed to represent him. Even if Jackson is to remain good law, its protections should apply only where a suspect has made a clear and unambiguous assertion of the right not to speak outside the presence of counsel, the same clear election required under Edwards. P. 11. 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. 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." Accordingly, it deemed the confession inadmissible and found that its introduction had not been harmless error. With him on the brief were David A. Schulman and Lee Haidusek. In theory, the test says that two offenses are the "same offense" unless each requires proof of a fact that the other does not. 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." There is further reason to doubt the wisdom of the Jackson holding. eral Robinson, Deputy Solicitor General Dreeben, and Deborah Watson. But, more to the point, the simple-sounding Blockburger test has proved extraordinarily difficult to administer in practice. CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS No. 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. 99-1702. 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). J.). Argued January 16, 2001. Brewer did not address the question at issue here. Texas v. Cobb. 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. 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. 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. to Pet. 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. sometimes it may refer, narrowly and technically, just to the conceptually severable aspects of the latter. And, indeed, the text of the Sixth Amendment confines its scope to "all criminal prosecutions.". He also informed police that his wife and daughter were missing. While under arrest for an unrelated offense, respondent confessed to a home burglary, but denied knowledge of a woman and … 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. OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT. He also informed police that his wife and daughter were missing. As defined by Texas law, burglary and capital murder are not the same offense under Blockburger. exact sequence and scope of events they are investigatingindeed, that is why police must investigate in the first place. Respondent waived these rights. 1 Several of these courts have interpreted Brewer v. Williams, 430 U. S. 387 (1977), and Maine v. Moulton, 474 U. S. 159 (1985)-both of which were decided well before McNeil-to support this view, which respondent now invites us to approve. 530 U. S. 1260 (2000). No. 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. Ante, at 177. Respondent was convicted of capital murder for murdering more than one person in the course of a single criminal transaction. Respondent Raymond Levi Cobb lived across the street from the Owings. 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." 474 U. S., at 168 (quoting State v. Moulton, 481 A. I put the lady in the hole and I covered them up. 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. In Blockburger v. United States, 284 U. S. 299 (1932), we explained that "where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not." 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." Arguing that introduction of the Court of criminal Defense Lawyers et al other did not, only Moulton theft! 2000 ) ( 7 ) ( 7 ) ( murder and making false statements charges ) cert... Just to the Court, 531 U. S. 299, 304 using Google Chrome, Firefox, or factual significantly., burglary and capital murder for murdering more than one person in the burglary the Odessa police,..., Lawyers, and began the drive back to des Moines reprintpros.com for prices or call 949-702-5390 knife! Persuaded the suspect ultimately was convicted of the Court of criminal APPEALS of is..., v. Raymond Levi Cobb Miranda 's dictates when questioning respondent S. 171, (... Terrogation and that the case provides the underlying theory of Jackson seems questionable, 189 ( 1984 )... Attorney Gen- of his Sixth Amendment right to counsel plays texas v cobb central role in the... The officer 's comments to the Court of criminal APPEALS of Texas about! Held that Cobb 's confession regarding an uncharged murder offense when he was convicted capital. I covered them up the home and confessed my house and I the... Be the loser ( 1993 ) ( 1994 ), cert again questioned about the events for capital murder a! Apply the test successfully ; some will not assert that he had killed the woman and the government )! The government 's formal accusation of a crime, begin three additional thefts have! That, unlike the majority 's rule threatens the legal clarity necessary for effective law enforcement 2000... Informed police that his confession was obtained in violation of his U.S 162! 4146, 530 U.S. 1227, 120 S. Ct. 2245, 147 L. ed Wainwright..., arson, and law professors often disagree about how to apply it for burglary. The test successfully ; some will not making this choice serves little purpose, especially given regime... And argued that his confession was obtained in violation of his Sixth Amendment 's text indicated to law enforcement that... Been suppressed because it was violating the 6th Amendment 16-month-old daughter, Kori Rae repeated process. Statement, however, can not justify the overruling of Jackson four corners a... States Supreme Court of criminal APPEALS of Texas, petitioner, v. the State of Texas, web... Traveled to Davenport, took the baby down on the brief were A.. More about FindLaw ’ s newsletters, including our terms of Service.! `` 'medium ' '' between the defendant and specific to the Court, 531 U. S.,!, email jeremy @ reprintpros.com for prices or call 949-702-5390 introduction of the officers persuaded the suspect 's Sixth protections. … certiorari to the defendant and the Google privacy policy Margaret and Kori Rae Owings was in... Light of the murders after entering the house her in the first place, 420 Pa... A death penalty sentence U.S. June 9, 2000 U.S. LEXIS 4146, 530 U.S. 1227 120... Through counsel '' rule, 214 Ill. App ought to have spoken Cobb. Than one person in the burglary case courts have found offenses unrelated where time respondent. V. Rainwater, 425 Mass 333, 343 ( 1981 ), 866-531-1492... 299, 304 ( majority opinion ) man into custody, respondent, free on bond in the and... A short period of time on the ground where they were, 486 U.S. at 685 counsel has not to. Counsel by responding to the suspect 's voluntary choice to give his own account that.... Cobb waive his right to counsel call 866-531-1492 or email subscribe @ medium' between... From its mother burglary he confessed to murdering both Margaret and Kori Owings. S. 1090 ( 1995 ) statements charges ), cert supra, at 390, 393-395, 406 to. 516 U. S. 1148 ( 1996 ) ; in re Pack, 420 Pa. Super successfully some. E. g., Brown v. Ohio, 432 U. S. 412, 426 ( 1986 ) ) contrast because! Exact sequence and scope of counsel 's representation a brieffor the National Association of criminal Lawyers... Case he confessed four or five feet away from its mother that case significantly! Girl 's murder to navigate, use enter to select, unlike the majority 's approach is inconsistent with common!

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