Texas Wesleyan Law Review

Document Type



This Note argues that the Texas Court should adopt the Supreme Court's holding in Cobb on state constitutional claims as well, thus avoiding further entanglement in the "closely related" confusion. For background purposes, Part II reviews the history of the Sixth Amendment right to counsel as provided by the Supreme Court and other lower courts prior to the Supreme Court's decision in Cobb. Part III discusses Cobb's facts and procedural history and examines the analyses of both the Texas Court and the Supreme Court. Part IV analyzes how the questions left unanswered by the Supreme Court, prior to Cobb, resulted in the Texas Court's expansion of Sixth Amendment protections. Additionally, Part IV discusses why the Texas Court should recognize a defendant's ability to waive his right to counsel after it has attached-an issue which was not addressed by the Supreme Court in Cobb. Part V discusses alternative grounds not considered by the Texas Court that could have also rendered Cobb's confession admissible. In conclusion, this Note suggests how to resolve future Sixth Amendment questions in Texas.



First Page


Last Page