Court of Criminal Appeals of Texas

Clifton Edmond Green, Appellant v. the State of Texas, Appellee

January 12, 19941994 Tex. Crim. App. LEXIS 8

Summary

The Court held that the preliminary initial appearance (PIA) is not a "critical stage" of the prosecution and therefore does not trigger the Sixth Amendment right to counsel. Because no such right attached, the error of not appointing counsel at the PIA was harmless and the judgment of the Court of Appeals was affirmed. Justice MALONEY dissented, arguing that the PIA is a critical stage requiring counsel, while Judges MEYERS, CLINTON, and BAIRD filed concurring opinions offering additional perspectives on the issue.