Turner v. United States

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae Supporting Appellant’s Petition for Rehearing En Banc.

Brief filed: 03/07/2017

Documents

Turner v. United States

6th Circuit Court of Appeals; Case No. 15-6060

Prior Decision

Panel decision 848 F.3d 767 (6th Cir. Feb. 15, 2017).

Argument(s)

This case thus presents a pure question of law: whether, absent an appearance before a magistrate, the Sixth Amendment right to counsel can ever attach prior to a formal charge. This question becomes ever more salient as pre-indictment plea negotiations become more common. Two panels of this Circuit have now complained of the injustice of a bright-line rule denying Sixth Amendment right to counsel protection pre-indictment.. The panel in United States v. Moody, 206 F.3d 609, 614-615 (6th Cir. 2000), felt bound by Supreme Court precedent; and the panel in the instant case felt bound by Moody. But Supreme Court precedent, properly understood in light of the text and purpose of the Sixth Amendment right to counsel, does not compel the Moody approach. Indeed, it suggests the different approach that the right is triggered whenever a prosecutor gets involved in substantive discussions of the case with defendant, either directly or through counsel. For this reason, this Court should grant en banc review, so that the Court may reconsider the panel decision and join the other Circuits which have ruled that, under the proper circumstances, the Sixth Amendment right to counsel can attach prior to formal charge—particularly where, as here, the prosecutor initiates pre-indictment plea negotiations.

Featured Products

Author(s)

Steven J. Mulroy, Cecil C Humphreys School of Law, University of Memphis, Memphis, TN; Stephen Ross Johnson, NACDL, Knoxville, TN.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free