Texas v. Cobb

Summary

The Court held that the Sixth Amendment right to counsel is offense specific and does not extend to uncharged crimes merely because they are factually related to charged crimes. It encompasses uncharged crimes that constitute the same offense under Blockburger. Because Texas burglary and capital murder each require proof of an element the other does not, Cobb’s representation on the burglary charge did not bar interrogation about the murders, and his confession was admissible. The Court reversed without deciding whether Cobb validly waived an attached Sixth Amendment right. Justice Kennedy, joined by Justices Scalia and Thomas, concurred, questioning Michigan v. Jackson and arguing that its protections should at least require an unequivocal assertion of the right not to speak without counsel. Justice Breyer, joined by Justices Stevens, Souter, and Ginsburg, dissented, favoring protection for closely related offenses and affirmance of the Texas court’s suppression ruling.