Texas v. Cobb, 532 U.S. 162, 27 (2001)

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188

TEXAS v. COBB

Breyer, J., dissenting

is well illustrated by the impossibility of questioning Cobb about the murders without eliciting admissions about the burglary. See, e. g., Tr. 157 (Feb. 19, 1997) (testimony by police officer who obtained murder confession) ("Basically what he told us is he had gone over to the house to burglarize it and nobody was home"); 22 Record, State's Exh. 20 (typed statement by Cobb) (admitting that he committed the murders after entering the house and stealing stereo parts). Nor, in my view, did Cobb waive his right to counsel. See supra, at 180-181. These considerations are sufficient. The police officers ought to have spoken to Cobb's counsel before questioning Cobb. I would affirm the decision of the Texas court.

Consequently, I dissent.

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