Fellers v. United States

Fellers v. United States

Infobox SCOTUS case
Litigants = Fellers v. United States
ArgueDate = December 10
ArgueYear = 2003
DecideDate = January 26
DecideYear = 2004
FullName = John J. Fellers, Petitioner v. United States
USVol = 540
USPage = 519
Citation = 540 U.S. 519
Prior =
Subsequent =
Holding = The Eighth Circuit erred in holding that the absence of an "interrogation" foreclosed petitioner's claim that his jailhouse statements should have been suppressed as fruits of the statements taken from him at his home.
SCOTUS = 1994-2005
Majority = O'Connor
JoinMajority = "unanimous"
LawsApplied =

"Fellers v. United States", 540 U.S. 519 (2004), is a United States Supreme Court case regarding the Sixth Amendment's right to counsel.

Facts

After John Fellers was indicted by a grand jury, police officers came to his home to arrest him. When they came to his house, they requested to enter, and then proceeded to have a discussion with Fellers about the charges against him. During the conversation Fellers made statements that were then used against him in his trial.

Holding

The Supreme Court held that once judicial proceedings have been initiated against a defendant, police officers cannot elicit information from the defendant without the defendant's counsel present.

ee also

*List of United States Supreme Court cases, volume 540

Further reading

*cite journal |last=Grewell |first=Justin Bishop |authorlink= |coauthors= |year=2005 |month= |title=A Walk in the Constitutional Orchard: Distinguishing Fruits of Fifth Amendment Right to Counsel from Sixth Amendment Right to Counsel in "Fellers v. United States" |journal=Journal of Criminal Law and Criminology |volume=95 |issue=3 |pages=725–762 |issn=00914169 |url= |accessdate= |quote=
*cite journal |last=Tomkovicz |first=James J. |authorlink= |coauthors= |year=2006 |month= |title=Reaffirming the Right to Pretrial Assistance: The Surprising Little Case of "Fellers v. United States" |journal=William and Mary Bill of Rights Journal |volume=15 |issue=2 |pages=501–532 |issn=10658254 |url= |accessdate= |quote=

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=540&page=519 Full text opinion from FindLaw.com]


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