Texas v. Cobb — Kennedy, J., concurring

Summary

Justice Kennedy, joined by Justices Scalia and Thomas, concurring, agrees that the Texas Court of Criminal Appeals erred by not applying the offense‑specific Sixth Amendment right to counsel and therefore joins the majority in reversing that decision. He argues that the Court need not reaffirm Michigan v. Jackson and questions the soundness of that rule. The opinion also emphasizes that the Sixth Amendment right attaches at the commencement of adversarial proceedings, independent of a suspect’s Miranda‑based choices. Justice Breyer’s dissent, summarized separately, contests the majority’s definition of “offense.”