Brewer v. Williams
United States Supreme Court
430 U.S. 387 (1977)
Williams (defendant), suspected of kidnapping a girl, turned himself in after his Des Moines attorney advised him not to talk to police; attorneys in both Davenport and Des Moines separately instructed police not to question him during the 160-mile transport back, and Williams told the officers he would explain everything once he could talk to his lawyer in Des Moines. During the drive, an officer who knew Williams was deeply religious and had escaped a mental institution delivered the "Christian burial speech," describing how snow might bury the victim's body before she could get a proper Christian burial — testimony later confirmed the officer intended this to elicit information. Williams eventually directed police to the body. The trial court found this amounted to interrogation but ruled Williams waived his right to counsel by ultimately speaking; the state supreme court affirmed, but a federal habeas court and the court of appeals found no valid waiver, and the Supreme Court granted certiorari.
Whether a defendant effectively waives his right to counsel when, having consistently relied on his attorney's advice to remain silent until he can consult with counsel, he makes an incriminating statement after being subjected to psychologically targeted police interrogation.