Due Process #14

6th amendment, right to counsel

6th amendment?

Accused shall enjoy the right to have assistance of counsel for his defense

Massiah v. US facts?

Indicted for violating federal narcotics law, and is charged with his co-defendant. He gets a lawyer, pleas not guilty, and is put out on bail. Co-defendant agreed to get evidence from Massiah for the gov. to use against him and he made incriminating statements in the car. Convicted by the statements.

Massiah v. US issue?

Was the way of getting the statements violating his 6th amendment right to cousel?

Massiah v. US holding?

In favor of Massiah

Massiah v. US reasoning?

Had a federal agent elicit them from him after he was indicted and absent of counsel. Since post arraignment and had counsel, evidence cannot be used against him.

2 critical parts to the 6th amendment?

critical stage and agent/confidential informant had to deliberately elicit the information which is different from interrogation

Deliberate Eliciting?

When gov. agent conscious objective to obtain a statement form the defendant; different from interrogation in the the DE focuses on the subjective motivation of the officer