He also felt the need to define the term "offense;" but it should be set forth "in light of the Sixth Amendment's basic objectives as set out in the Court's case law."
"The purpose of the Sixth Amendment counsel guarantee is to protect the unaided layman at critical confrontations with his expert adversary."
Justice Breyer distinguishes the Fifth Amendment's protections from the Sixth.
The Fifth Amendment only applies during custodial interrogation (Miranda), while the Sixth Amendment right to counsel attaches once the government issues a formal accusation (an indictment, for example).
Even if a defendant waives his Fifth Amendment rights, in most circumstances officers are still required to deal with him through his attorney.
In this case, Raymond Cobb was represented by counsel (for the burglary arising out of the same criminal episode).
Aside from, and in spite of the Court's ruling, it seems to me that common sense would dictate that the officers would want to be prudent and contact this man's attorney.
They knew that he was being represented for the burglary and in fact, had asked his attorney for permission to question the defendant on a couple of occasions, during the murder investigation.
So why, after he was actually in custody for the murders, didn't the officers contact his attorney?
Yes, they say he waived his Miranda rights, as did the state and five members of the USSC.
Yet, the highest criminal court in Texas had doubts.
Believe me when I say that when the Texas Court of Criminal Appeals claims that there were some shenanigans in a capital murder case, there is substantial cause to pause.
Justice Breyer understood that.
He would define "offense" to include criminal acts that are "closely related to" a particular crime set forth in the charging instrument.
He went on to share that Mr. Cobb did not waive his right to counsel (the majority didn't feel the need to actually discuss this).
The highest court in Texas, said Justice Breyer, should be affirmed (if for no other reason than it IS Texas - I added that part).
Justice Breyer was left wondering what sense, Sixth Amendment-wise or otherwise, does the rule that the majority sanctioned, make?
You know, not too many people condone ruffianism - other than the ruffian himself.
And the facts of this particular case are quite offensive, to say the least.
Cobb stabbed Mrs. Owings in the stomach, then dragged her approximately 100 feet from her home to bury her.
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