United States v. Moreno

Substantial constitutional error occurred in this case. See Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232, 51 L.Ed.2d 424 (1977); Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964). Appellant’s incriminating admissions were made in response to direct questioning by Mrs. Cirks, “a Child Protective Services Specialist” for the State of Texas Department of Human Services. This deliberate elicitation of incriminating statements occurred after his Sixth Amendment right to counsel had attached and without a proper waiver of that right. See Michigan v. Harvey, 494 U.S.…