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FELLERS v. UNITED STATES

United States Supreme Court No. 02-6320

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QUESTION PRESENTED:1) Should the fruit of the poisonous tree doctrine extend to exclude evidence of a confession taken in compliance with Miranda v. Arizona, 384 U. S. 436 (1966) but which occurred after an earlier violation of Massiah v. United States, 377 U. S. 201 (1964)?

2) Should Massiah continue to regulate direct confrontations between the police and the accused?

ORAL ARGUMENT DATE: December 10, 2003

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INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

Argument, Part I

I. Massiah extends the Sixth Amendment to its "outermost point," and it should not be extended any further

A. Sixth Amendment principles
B. Massiah's revolution

Part II

II. The costly fruit of the poisonous tree doctrine is applied only when it preserves the core values of the underlying constitutional right

A. The costly doctrine
B. Uncontroversial applications
C. Confessions and complex analysis

Parts III & IV

III. The fruit of the poisonous tree doctrine should not be applied to an otherwise valid confession made after a Massiah violation

IV. Massiah should be limited to its facts

Conclusion