Whether the Sixth Amendment right to counsel attaches on uncharged murder allegations

QUESTIONS PRESENTED Whether the Sixth Amendment right to counsel attaches on uncharged murder allegations when a defendant is brought to court to defend himself against those murder allegations, has counsel appear at two hearings to defend against the murder allegations, and the defendant is held without bail based solely on those uncharged murder allegations. Whether the Dual Sovereignty doctrine for “same offense” has been imported from Fifth Amendment double jeopardy jurisprudence to the Sixth Amendment right to counsel. Whether in the interests of fundamental fairness, the prohibition against use of the “Silver Platter” doctrine applies when the federal government knowingly collects evidence in violation of a defendant’s federal Sixth Amendment right to counsel for use in a subsequent state court prosecution. ii STATEMENT OF RELATED CASES e People v. Fayed, No. BA3846352, Los Angeles Superior Court, Judgment entered November 17, 2011. e People v. Fayed, No. S198182, California Supreme Court, Judgment entered April 2, 2020. e United States v. Fayed, CR 08-224, Central District of California, Dismissal entered September 15, 2008.