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

Summary

The Court of Criminal Appeals of Texas affirmed the trial court’s dismissal of the indictment, holding that the State’s unsolicited, recorded telephone interrogations violated Frye’s Sixth Amendment right to counsel and that the trial court possessed authority to dismiss the indictment without the State’s consent. The Court reasoned that Frye’s right attached when he retained counsel for the misdemeanor charge, that the later felony indictment was substantially the same offense, and that dismissal was the appropriate remedy to protect his constitutional rights.