John Turner v. United States
Court of Appeals for the Sixth Circuit
BATCHELDER, J., delivered the opinion of the court in which GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, THAPAR, and BUSH, JJ., joined, and CLAY and WHITE, JJ., joined in the result. BUSH, J. (pp. 955-66), delivered a separate dubitante opinion in which KETHLEDGE, J., joined.
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BATCHELDER, J., delivered the opinion of the court in which GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, THAPAR, and BUSH, JJ., joined, and CLAY and WHITE, JJ., joined in the result. BUSH, J. (pp. 955-66), delivered a separate dubitante opinion in which KETHLEDGE, J., joined. CLAY, J. (pp. 966-76), delivered a separate concurrence in the judgment only in which WHITE, J., joined in Part I. WHITE, J. (pp. 976-77), delivered a separate concurrence in the judgment only. STRANCH, J. (pp. 977-84), delivered a separate dissent, in which COLE, C.J., and MOORE and DONALD, JJ., joined.
1Opinion of the Court
Appellant John Turner asks us to overrule nearly four decades of circuit precedent holding that the Sixth Amendment right to counsel does not extend to preindictment plea negotiations. See United States v. Moody , 206 F.3d 609 , 614-15 (6th Cir. 2000) (citing United States v. Sikora , 635 F.2d 1175 (6th Cir. 1980) ). We decline to do so. Our rule-copied word for word from the Supreme Court's rule-is that the Sixth Amendment right to counsel attaches only "at or after the initiation of judicial criminal proceedings-whether by way of formal charge, preliminary hearing, indictment, information,…
Also in this document: Concurrence · Bush; Concurring in the judgment; Concurrence · White; Dissent.
2Cases cited69 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Blockburger v. United StatesSupreme Court of the United States · 1931
- United States v. WadeSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by19 opinions
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- Calderon-Fuentes v. United StatesDistrict Court, M.D. Florida · 2022
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