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on the grounds that his confession had been obtained in violation of his Sixth
Amendment right to counsel. Cobb argued the confession should have been suppressed because his right to counsel had been invoked once he had been charged in the burglary case. The Texas Court of Appeal held that Cobb's
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This differed from the more ambiguous “closely related” test the minority felt was appropriate for Sixth
Amendment considerations. The minority predicted the Blockburger test would prove difficult to administer for police — as it has proven to be for judges and lawyers — and would undermine other
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The Texas Court of
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Critics of the 5–4 decision predicted that the offense-specific rule would endanger suspects’ rights and grant police too much power to carry out interrogations without the presence of counsel. The majority, in response, pointed to suspects’ abilities to invoke their
Miranda rights during
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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. This decision reaffirmed the Court's holding in
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to represent him for the burglary charge but didn’t have one for the case involving the woman and child. While Cobb was free on bond in the burglary case, Cobb’s father contacted the
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to tell them his son had confessed to killing the woman and child. The police questioned Cobb, who waived his
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confession regarding an uncharged murder offense when he was charged with burglary, was inadmissible.
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interrogations –rights which were waived by Cobb. The majority opinion also introduced the
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decisions where the “closely related” test was used.
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