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Escobedo v. Illinois

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by

Phillip Russell

on 17 March 2015

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Transcript of Escobedo v. Illinois

Results
A defendant has a constitutional right to be represented by an attorney during trial.
Sources
http://www.oyez.org/cases/1960-1969/1963/1963_615

http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-weinreb/the-privilege-against-self-incrimination/escobedo-v-illinois-2/

http://legal-dictionary.thefreedictionary.com/Escobedo+v.+Illinois
The police arrested Escobedo again. The police explained that DiGerlando had said it was Escobedo, and urged him to confess. Escobedo again declined. Escobedo asked to speak to his attorney, but the police refused, explaining that although he was not formally charged yet, he was in custody and could not leave.
Trials
Escobedo made statements indicating his knowledge of the crime. After being convicted for the crime, Escobedo appealed on the basis of being denied the right to counsel.
Background
Danny Escobedo's brother-in-law, Manuel Valtierra, was shot and killed on the night of January 19, 1960. Escobedo was arrested without a warrant early the next morning and interrogated. However, Escobedo made no statement to the police and was released that afternoon. Later, Benedict DiGerlando, who was in custody and considered another suspect, told the police that Escobedo fired the fatal shots because the victim had mistreated Escobedo's sister.
Escobedo v. Illinois
His attorney went to the police station and repeatedly asked to see his client, but was refused access. Police and prosecutors proceeded to interrogate Escobedo for fourteen and a half hours and repeatedly refused his request to speak with his attorney.
Supreme Court
Escobedo appealed to the Illinois Supreme Court, which initially held the confession inadmissible and reversed the conviction. Illinois petitioned for rehearing and the court then affirmed the conviction. Escobedo appealed to the U.S. Supreme Court.
Escobedo appealed to the U.S. Supreme Court.

Decision: 5 votes for Escobedo, 4 vote(s) against
Legal provision: Right to Counsel
Full transcript