Covert Investigations And Ethical Considerations

Law360, New York (December 8, 2011, 1:02 PM EST) -- In the dissenting opinion in Texas v. Cobb,[1] Justice Stephen Breyer expressed distress regarding the U.S. Supreme Court’s dramatic constriction of the scope of the Sixth Amendment right to counsel.

What Sixth Amendment sense — what common sense — does such a rule make?

What is left of the "communicate through counsel" rule? The majority’s approach is inconsistent with any common understanding of the scope of counsel’s representation. It will undermine the lawyer’s role as "medium" between the defendant and the government.

Recent developments in one...
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