Sammie Felder, Jr. v. O.L. McCotter Director, Texas Department of Corrections

ALVIN B. RUBIN, Circuit Judge:

After counsel for a person who has been charged with and arrested for a criminal offense has directed the police not to interrogate the accused in the absence of counsel, a confession elicited from the accused by police questioning in counsel’s absence is inadmissible even though the police have given him a Miranda warning. The accused's response to the questioning is not a waiver of his previously-asserted right to the assistance of counsel. We, therefore, hold that the accused’s sixth amendment right to counsel in this capital case was violated by the admission…