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RESEARCH
The defendant and co-defendant Colson were indicted for possession of stolen automobiles and parts. They appeared with their attorneys at arraignment and were released on bail. Before trial, Colson and his lawyers met with the police and Colson confessed to his participation with the defendant in the pending charges. He agreed to testify against the defendant and cooperate with the investigation. Colson also consented to having a recording device placed on his telephone to record his conversations with the defendant and to wear a body wire transmitter to record a meeting with the defendant during which he would discuss the pending charges. The defendant made incriminating statements during an encounter with Colson.
Whether the defendant’s Sixth Amendment right to counsel was violated by admission at trial of incriminating statements made to a government informant after indictment?
Yes. The defendant has a right to the presence of counsel for any government questioning that occurs after the Sixth Amendment has attached.The Sixth Amendment guarantees the right to assistance of counsel. This assistance is not limited to participation in the trial but encompasses all critical stages (court hearings, lineups and government questioning). The right to counsel attaches at or after the time that adversarial judicial proceedings have been initiated. This occurs at the indictment or the filing of an information. This can occur at the initial appearance if the defendant expresses a desire to be represented by counsel. The co-defendant’s participation in the meeting was the “functional equivalent” of interrogation and violates this Sixth Amendment right. However, incriminating statements pertaining to other crimes, as to which the Sixth Amendment right has not yet attached, are admissible at a trial for those offenses.
The Sixth Amendment guarantees the right to assistance of counsel. This assistance is not limited to participation in the trial but encompasses all critical stages (court hearings, lineups and government questioning). The right to counsel attaches at or after the time that adversarial judicial proceedings have been initiated. This occurs at the indictment or the filing of an information. This can occur at the initial appearance if the defendant expresses a desire to be represented by counsel. The co-defendant’s participation in the meeting was the “functional equivalent” of interrogation and violates this Sixth Amendment right. However, incriminating statements pertaining to other crimes, as to which the Sixth Amendment right has not yet attached, are admissible at a trial for those offenses.
474 U.S. 159, 106 S. Ct. 477 (1985)
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