Legal Opinion

State v. Gobert

Court of Criminal Appeals of Texas

Decided January 28, 2009No. PD-0202-08PublishedCited by 106 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · PricePrice, J.

in which MEYERS, WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

During a custodial interrogation, right after his Miranda rights were read to him, 1 the appellee made a statement that referenced his right to a “lawyer.” The police detectives continued the interrogation without providing counsel. We granted the appellee’s petition for discretionary review in order to determine whether the continued interrogation, resulting in a confession, violated the appellee’s Fifth Amendment right to the presence of counsel during custodial interrogation. We hold that it did.

FACTS…

3Cases cited14 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Edwards v. ArizonaSupreme Court of the United States · 1981
  3. Carmouche v. StateCourt of Criminal Appeals of Texas · 2000
  4. Davis v. United StatesSupreme Court of the United States · 1994
  5. McNeil v. WisconsinSupreme Court of the United States · 1991

9 more not listed; retrieve them via the Exa API.

4Cited by106 opinions

  1. Davis v. StateCourt of Criminal Appeals of Texas · 2010
  2. State of Texas v. Duran, AnthonyCourt of Criminal Appeals of Texas · 2013
  3. Carter v. StateCourt of Criminal Appeals of Texas · 2010
  4. McClintock, Bradley RayCourt of Criminal Appeals of Texas · 2014
  5. MBUGUA v. State, Texas Court of Appeals, 1st District (Houston)2010

101 more not listed; retrieve them via the Exa API.

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