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how long does a 6th amendment right last? Login/Join 
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I'm trying to figure out how long an attorney-client relationship lasts, once it is formed. If the defendant invokes his rights during a custodial interview, the investigation is terminated, and then starts again a few years later based on new information, do his invocation still count or can he be questioned anew? What if he invoked counsel, but the case was dismissed and there is no reason to think he has spoken to his attorney in years? Does the invocation of a right to counsel last forever?
 
Posts: 31 | Location: Dallas County | Registered: March 13, 2001Reply With QuoteReport This Post
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Read this:
Vasquez v. State, 13-08-00602-CR (Tex. App.---Corpus Christi � Edinburg December 10, 2009)

Maybe that'll point you in the right direction. Seems like it lasts forever for that particular transaction. (Unless of course it is otherwise affirmatively terminated.)
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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Check out this California case: Storm, 52 P.3d 52. Interesting creative break in custody to achieve constitutional confession following invocation of counsel.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Also need to Check out State v. Frye, though, Brooke.
 
Posts: 2135 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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In Texas, the answer comes down to whether--in retrospect--the dismissal was a subterfuge for the State to gain a tacital advantage in investigating the same transaction. If it can be perceived so, reinitiating contact will violate the 6th. Frye, and Upton cited therein, are the leading cases.

BTW: a great question, and one addressed in the soon to be published 3rd edition of TDCAA's Confessions manual!

Got any more interesting inquiries?
 
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010Reply With QuoteReport This Post
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