MBE - Crim Pro

Question 1

when does the 6A right to counsel attach?

Answer 1

when an offense has been formally charged; OR
when questioning about uncharged offense would be considered same offense as charged offense

Question 2

for the purposes of determining whether 6A right to counsel has attached for an uncharged crime (when another crime has been charged), what test is used?

Answer 2

Blockburger test: offenses are not the same if each offense requires proof of an element that the other does not

thus 6A right not violated by questioning on uncharged crime

Question 3

difference between 5A and 6A right to counsel

Answer 3

5A right to counsel exists when suspect is 1. in custody and 2. subjected to interrogation (and unambiguous request required)

6A attaches when judicial proceedings commence AND critical stage of prosecution (automatically)

Question 4

what outcome if: D made un-Mirandized incriminating statement in custodial interrogation leading to discovery of physical evidence?

Answer 4

statement inadmissible (violated Miranda), BUT
physical evidence obtained as result of un-Mirandized statement admissible so long as statement was not coerced