Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Cameron Edward Frye, Appellee

March 8, 19951995 Tex. Crim. App. LEXIS 23

Summary

The Court affirmed the Court of Appeals, holding that the Sixth Amendment right to counsel attached when the misdemeanor complaint was filed and remained in effect during the later felony indictment, making the State‑initiated telephone interrogations a violation of that right. The Court also held that dismissal of the indictment with prejudice was an appropriate remedy despite the lack of State consent. Separate opinions dissent on the trial court's authority to dismiss and partially concur on the Sixth Amendment analysis.