Federal 7th Circuit Court
Criminal Court
Right to Counsel
Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction on ground that police officials denied him his 6th Amendment right to counsel when police officials obtained his confession after he had received and waived his Miranda warnings, and after complaint for preliminary examination had been filed, but before defendant’s initial appearance at bond hearing. Defendant’s 6th Amendment right to counsel had not attached at time defendant made his confession since, under Illinois law, complaint for preliminary examination does not initiate formal proceedings against defendant. Moreover, while right to counsel would attach when defendant made his appearance at bond hearing, Ct. rejected defendant’s argument that state court erred in finding that his confession occurred prior to said bond hearing.