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Escobedo v. Illinois. June 22, 1964. After being arrested and taken into police custody as a suspect in the murder of his brother-in-law, the petitioner asked to speak to his attorney.
Escobedo appealed the affirmation of his conviction of murder by the Supreme Court of Illinois, which held that petitioner's confession had been admissible even though it was obtained after he had requested and been denied the assistance of counsel.
Issue. If a suspect has been taken into police custody and interrogated by police without their request to see an attorney being honored, nor being advised of their right to remain silent, have they been denied effective assistance of counsel under the Sixth Amendment? Result. Yes.
Escobedo v. Illinois: As soon as someone is in the custody of law enforcement, he or she has a Sixth Amendment right to speak to an attorney.
The purposes of this Comment are to (1) propose a return to the previous framework created in Escobedo v. Illinois; (2) right the wrongs created by subsequent limitations on invoking criminal suspect’s rights; and (3) protect the innocent from false confes-sions.
UNITED STATES SUPREME COURT. ESCOBEDO v. ILLINOIS. 378 U.S. 478 (1964) MR. JUSTICE GOLDBERG delivered the opinion of the Court.
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This request was denied. His attorney then arrived at the police station and requested to see Escobedo but was refused permission to see him. The police then told Escobedo that his alleged coconspirator in the shooting of his brother-in-law had confessed and implicated Escobedo.
