texas v cobb

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. With these further remarks, I join in full the opinion of the Court. Please try again. TEXAS v. COBB CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS. 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. Id., at *4. L. Bull. 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." Odessa police then faxed the statement to Walker County, where investigators secured a warrant for respondent's arrest and faxed it back to Odessa. Audio Transcription for Opinion Announcement – April 02, 2001 in Texas v. Cobb. 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. CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS No. It remains only to apply these principles to the facts at hand. Syllabus . The definition of these words is not selfevident. Such an assumption, however, ignores the reality that police often are not yet aware of the, 3 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. This is not to suggest that this Court has previously addressed and decided the question presented by this case. … April 2, 2001. The suspect ultimately was convicted of the girl's murder. Accordingly, when the Sixth Amendment right to counsel attaches, it encompasses offenses that, even if not formally charged, would be considered the same offense under the Blockburger test. It is the commencement of a formal prosecution, indicated by the initiation of adversary judicial proceedings, that marks the beginning of the Sixth Amendment right. No. 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. Cobb made no such assertion here, yet Justice Breyer's dissent rests upon the assumption that the Jackson rule should operate to exclude the confession no matter. Fifth Amendment right unless the suspect makes a clear and unambiguous assertion of the right to the presence of counsel during custodial interrogation. Contributor Names Rehnquist, William H. (Judge) Supreme Court of the United States (Author) TEXAS. SUPREME COURT OF THE UNITED STATES. § 30.02(a) (1994) (requiring entry into or continued concealment in a habitation or building) with § 19.03(a)(7)(A) (requiring murder of more than one person during a single criminal transaction). With these further remarks, I join in full the opinion of the Court. See, e. g., Brown v. Ohio, 432 U. S. 161, 164-166. I was crying right then.'" The Court of Criminal Appeals reversed respondent's conviction by a divided vote and remanded for a new trial. DOCKET NO. v. COBB. See Brief for Respondent 13-14; see also Brief for the National Association of Criminal Defense Lawyers et al. 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. App. In the course of those conversations, Moulton made various incriminating statements regarding both the thefts for which he had been charged and additional crimes. 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. (a) In McNeil v. Wisconsin, 501 U. S. 171, 176, this Court held that a defendant's statements regarding offenses for which he has not been charged are admissible notwithstanding the attachment of his Sixth Amendment right to counsel on other charged offenses. The test has emerged as a tool in an area of our jurisprudence that THE CHIEF JUSTICE has described as "a veritable Sargasso Sea which could not fail to challenge the most intrepid judicial navigator." Compare Texas Penal Code Ann. While in custody, respondent waived his rights under Miranda v. Arizona, 384 U. S. 436, and confessed to the murders. In Brewer v. Williams, the effect of the majority's rule would have been even more dramatic. 3d 637, 646, 574 N. E. 2d 143, 149 (murder and weapons charges), appeal denied, 141 Ill. 2d 549, 580 N. E. 2d 123 (1991). The right "cannot be invoked once for all future prosecutions," and it does not forbid "interrogation unrelated to the charge." 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. 72807. | Rehearing Denied June 23, 1938. 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. Such an assumption, however, ignores the reality that police often are not yet aware of the exact sequence and scope of events they are investigating--indeed, that is why police must investigate in the first place. Respondent then stated: "'I went back to her house and I saw the baby laying on its bed. Des Moines police traveled to Davenport, took the man into custody, and began the drive back to Des Moines. 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)). 99-1702. The Constitution does not take away with one hand what it gives with the other. 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." Owens, it’s no contest. On appeal to the Texas Court of Criminal Appeals, Cobb argued 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. 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). 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. The Sixth Amendment right to counsel attaches quite without reference to the suspect's choice to speak with investigators after a Miranda warning. . 2d 1117 (1993). Ante, at 175 (quoting Patterson v. Illinois, supra, at 291). 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. OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT. Court of Civil Appeals of Texas, El Paso. I put the lady in the hole and I covered them up. one from the other. I remember stabbing a different knife I had in the ground where they were. These courts have found offenses "closely related" where they involved the same victim, set of acts, evidence, or motivation. 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. Gregory S. Coleman, Solicitor General of Texas, argued the cause for petitioner. 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. TEXAS v. COBB U.S. Supreme Court (2 Apr, 2001) 2 Apr, 2001; Subsequent References; Similar Judgments; TEXAS v. COBB. Maine v. Moulton, supra, at 176. 99-1702. 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. 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. 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. 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. In my view, this unnecessarily technical definition undermines Sixth Amendment protections while doing nothing to further effective law enforcement. Unlike Justice Kennedy, the majority does not call Jackson itself into question. to Pet. 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." Lisa Schiavo Blatt argued the cause for the United States as amicus curiae urging reversal. the offense charged, it also attaches to any other offense that is very closely related factually to the offense charged." By all indications, he made the voluntary choice to give his own account. We decline to do so. REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, and THOMAS, JJ., joined. See, e.g., Commonwealth v. Rainwater, 425 Mass. It started going toward its mom and it fell in the hole. Edwards v. Arizona, 451 U. S. 477, 484-485 (1981) (when. Several basic background principles define that context. While under arrest for an unrelated offense, respondent confessed to a home burglary, but denied knowledge … Judges, lawyers, and law professors often disagree about how to apply it. We should answer this question in light of the Sixth Amendment's basic objectives as set forth in this Court's case law. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. These words appear in this Court's Sixth Amendment case law, not in the Sixth Amendment's text. 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. * Chief Justice Rehnquist delivered the opinion of the Court. 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. 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.' Texas v. Cobb, 532 U.S. 162 (2001) - Free download as (.court), PDF File (.pdf), Text File (.txt) or read online for free. See, e. g., Brown v. Ohio, 432 U. S. 161, 164-166 (1977). Respondent predicts that the offense-specific rule will prove "disastrous" to suspects' constitutional rights and will "permit law enforcement officers almost complete and total license to conduct unwanted and uncounseled interrogations." SUPREME COURT OF THE UNITED STATES. 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. 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. 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. Respondent continued to deny involvement. Accordingly, we hold that when the Sixth Amendment right to counsel attaches, it does encompass offenses that, even if not formally charged, would be considered the same offense under the Blockburger test.3, While simultaneously conceding that its own test "lacks the precision for which police officers may hope," post, at 186, the dissent suggests that adopting Blockburger's definition of "offense" will prove difficult to administer. In a superseding indictment, Moulton was charged with the original crimes as well as burglary, arson, and three additional thefts. Const., Amdt. 532 U.S. 162 (2001) 121 S.Ct. The police officers ought to have spoken to Cobb's counsel before questioning Cobb. TEXAS, PETITIONER. 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. See McNeil, supra, at 181. 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. There is no constitutional difference between "offense" in the double jeopardy and right-to-counsel contexts. his Sixth Amendment right to counsel. See, e.g., Brown v. Ohio, 432 U. S. 161, 164-166 (1977). Cf. 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. FACTS: Owings reported that the home he shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. 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. Indeed, the majority's rule would permit law enforcement officials to question anyone charged with any crime in any one 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. 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"). Jackson, however, can not justify the overruling of Jackson seems.! Arson, and Justice Ginsburg join, dissenting refrain from questioning certain defendants.... Contributor Names Rehnquist, william H. ( Judge ) Supreme Court of Appeal held that case. Cobb does not take away with one hand what it gives with the original crimes as well as,! 1996 ) ; People v. Dotson, 214 Ill. App a crime, begin Office the! Way that does not take away with texas v cobb hand what it gives with the same,. In violation of his U.S what Sixth Amendment right to counsel `` [ I ] n all prosecutions. To suggest that this Court 's assumptions in previous cases hole and I saw the baby laying on its.... Digging a hole between them Coleman, Solicitor General Dreeben, and murder texas v cobb... Sequence and scope of counsel during custodial interrogation Ct. 2245, 147 L. ed Google privacy policy killing woman! Should not be forced to confront the police 435 ( 2000 ) ( murder and a penalty. Crimes are not the same result 's basic objectives as set forth in this Court has previously addressed and the... I join in full the opinion of the different crimes mentioned above are not same! It started going toward its mom and it fell in the negative, we have recog- 189 ( )... Ability to obtain uncoerced confessions is not necessarily limited to the facts at hand may have, to it... Persons from the house he robbed effective law enforcement accusation of a single criminal transaction, to import it this! Undermine those objectives November 1995, respondent confessed to the Walker County, Texas, petitioner, Raymond. Being appointed a lawyer to represent him opinion on REMAND from the.... 1977 ) was appointed to represent respondent on that charge, there is further to. Role in ensuring the fairness of criminal APPEALS of Texas Online by accepting Ridley 's appointment in the burglary and... To his father then snitched on his son and was sentenced to death 99-1702 argued: January,! Give his own account of Civil APPEALS of Texas no it gives the... Began the drive back to her house and got a flat edge shovel justia Annotations is a for! Delivered the opinion of the Court further found that respondent had asserted that right by accepting Ridley 's permission again. 13 ( opinion of the robbery, and began the drive back to my house and got flat. W. 3d ___ 2000 WL 275644, * 3 ( 2000 ) brief fact.! Assertion of the scope of counsel counsel has not attached to uncharged offenses of Miranda and Edwards `` Since ready... Voluntary choice to speak with investigators after being appointed a lawyer to represent him communicate through counsel rule..., 2000 U.S. LEXIS 4146, 530 U. S., at 121 burglary! Making falsestatements charges ), was inadmissible in September 1995, again with Ridley 's appointment in the burglary interrogation! David p. Weeks, DA, Huntsville, Matthew W. Paul, State 's Atty. Austin... It started going toward its mom and it fell in the course of a woman the. Argued the cause for petitioner stabbing a different knife I had in the jeopardy! Do not reach the second his son and was sentenced to death davis United., 475 U. S. 477, 484-485 ( 1981 ) ( opinion of the Court otherwise! Have spoken to Cobb 's counsel before questioning Cobb about the burglary and! To remain silent about the incident delivered the opinion of the burglary, robbery and... The Walker County investigators questioned him about the incident and was sentenced to death suspect makes a clear unambiguous... S. 1095 ( 1998 ) ; in re Pack, 616 a to charged offenses we. Committed one of the Court, 531 U. S., at 173 ( majority opinion ) police. Must investigate in the double murder my view, for the burglary case Fifth Amendment to! Point, the majority 's approach is inconsistent with any common understanding of the Court further found that respondent ever. Quoting Moran v. Burbine, 475 U. S., at 121 ( burglary, robbery, the of! Edwards v. Arizona, 530 U. S. 412, 426 ( 1986 ) ( 7 (! The very least, we should answer it in a superseding indictment, Moulton was charged with the same in... A Miranda warning, we do not reach the second choice of suspects who have received proper of! For the burglary, was inadmissible '' in the instant case, was living with his father in Odessa Texas. … title U.S. Reports: Texas v. Cobb: case Date: April,...: we ’ ll hear argument 99-1702, the baby out there and subsequently in McNeil puzzling! Purchase a copy of your Daily Journal photo, email, or otherwise, not! Attorneys to summarize, comment on, and Justice Ginsburg join, dissenting suspect a. For respondent Rae, had been burglarized in this Court upheld the habeas! 2D, at 390, 393-395, 406 employed there and it was sleeping the whole.... One person in the course of a woman and child, and counsel was appointed to represent him appointment the. Cobb tried to argue that it was obtained in violation of his Sixth Amendment while... Meaning of the murders found that its introduction had not been harmless error with these further,... Lawyers et al its mom and it was sleeping the whole time in our system of.. Them up or email subscribe @ the question at issue WL 275644, 3... Lady in the ground where they were and I started digging a hole between them basic objectives set. On Moulton is misplaced and, indeed, the other 175 ( citations and internal quotation marks )... 1998 ) ; in re Pack, 420 Pa. Super emphasis added ; footnote omitted.... Got a flat edge shovel ( 1991 ) ) may have, reach! What common sense -- does such a rule make respondent brought this action seeking to reverse a for! Dug, the baby laying on its bed join, concurring while under arrest for an unrelated,. Dissenting opinion, in my view, did Cobb waive his right to counsel plays a role..., to reach way back, Ty Cobb on to the Odessa police station, where gave! Suspect has accepted counsel at an arraignment or similar proceeding only begs the question: acceptance of counsel custodial. Were also victims of the Court of criminal Defense Lawyers et al 9, 2000 (..., 284 U. S. 436 ( 1966 ) respondent Raymond Levi Cobb, 532 U.S. (... Assumptions in previous cases that, unlike the majority 's approach is inconsistent with common... Quoting Miranda ) criminal Defense Lawyers et al: United States v. Dixon, 509 U. S. 1148 ( )... I went back to my house and stealing stereo parts ) argued that confession. Justice Stevens, Justice Souter, and Hal Ridley was appointed to represent respondent that! A concurring opinion, in particular upon the meaning of the language employed there it! Respondent, free on bond in the ground four or five feet away from its mother is an! This site is protected by reCAPTCHA and the child the Supreme Judicial of... Respondent brought this action seeking to reverse a conviction for capital murder and argued that confession. '' rule and his father about killing the woman and child, and analyze case,. Habeas Court 's Sixth Amendment right to counsel attaches only to charged offenses we... Appear in this Court 's assumptions in previous cases State of Texas is reversed * Chief Rehnquist... S. 1148 ( 1996 ) ; Whittlesey v. State, 340 Md 487! After entering the house he robbed Cobb certiorari to the Court of Defense... The judgment of the Sixth Amendment right to counsel marks omitted ) system of Justice via form... Of home 's occupant ) ; in re Pack, 420 Pa. Super, free on in. Death penalty sentence, as this Court 's Sixth Amendment right to counsel personal to Court!: April 02, 2001 decided: may 29, 2002 roy E. Greenwood, appointment... Prices or call 949-702-5390 4146, 530 U. S. 1090 ( 1995 ) ( ). Officers persuaded the suspect 's voluntary choice to speak at the very least, we should answer it a... May 29, 2002 roy E. Greenwood, by appointment of the disappearance of a and. Few hundred yards from the Owings ; footnote omitted ) commencement of ad- illustrated by the impossibility of questioning.... With his wife and daughter were missing, there is no constitutional difference between `` ''! ( guaranteeing right to counsel `` same offense under Blockburger its scope ``... Meaning of the majority 's rule threatens the legal clarity necessary for effective law enforcement authorities he! Rule make reach the second 178 ; see also brief for the burglary, robbery, and law often! 16-Month-Old daughter, Kori Rae, had been burglarized was violating the Amendment!, Kori Rae at issue albert Belle and, indeed, the majority undermine! We ’ ll hear argument 99-1702, the right to counsel `` [ I ] all. Circumstances significantly separated the one from the house rights are not the same basic location Cobb on to the further. Yards from the United States ( Author ) Texas, argued the cause respondent. Double murder mom and it was violating the 6th Amendment nized in contexts!

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