Jason Diaz v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

The Sixth Amendment guarantees a criminal defendant the right to the effective assistance of counsel at critical stages of a prosecution and prohibits the government from deliberately eliciting statements from a represented defendant in the absence of that protection. See Massiah v. United States, 377 U.S. 201, 205–06 (1964). Does the Sixth Amendment permit the State to obtain statements from a defendant during a police interrogation conducted while he is represented by counsel in pending criminal proceedings, treat those statements as constitutionally protected and unusable in those proceedings, yet use the same statements to prosecute a new, more serious offense solely because it had not yet been formally charged?