174
Kennedy, J., concurring
exact sequence and scope of events they are investigating— indeed, that is why police must investigate in the first place. Deterred by the possibility of violating the Sixth Amendment, police likely would refrain from questioning certain defendants altogether.
It remains only to apply these principles to the facts at hand. At the time he confessed to Odessa police, respondent had been indicted for burglary of the Owings residence, but he had not been charged in the murders of Margaret and Kori Rae. As defined by Texas law, burglary and capital murder are not the same offense under Blockburger. Compare Tex. Penal Code Ann. § 30.02(a) (1994) (requiring entry into or continued concealment in a habitation or building) with § 19.03(a)(7)(A) (requiring murder of more than one person during a single criminal transaction). Accordingly, the Sixth Amendment right to counsel did not bar police from interrogating respondent regarding the murders, and respondent's confession was therefore admissible.
The judgment of the Court of Criminal Appeals of Texas is reversed.
It is so ordered.
Justice Kennedy, with whom Justice Scalia and Justice Thomas join, concurring.
The Court's opinion is altogether sufficient to explain why the decision of the Texas Court of Criminal Appeals should be reversed for failure to recognize the offense-specific nature of the Sixth Amendment right to counsel. It seems advisable, however, to observe that the Court has reached its conclusion without the necessity to reaffirm or give approval to the decision in Michigan v. Jackson, 475 U. S. 625 (1986). This course is wise, in my view, for the underlying theory of Jackson seems questionable.
As the facts of the instant case well illustrate, it is diffi-cult to understand the utility of a Sixth Amendment rule that operates to invalidate a confession given by the free
Page: Index Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: October 4, 2007