D arraigned and confesses to burglary charges; invokes 6th amend right to counsel for burglary -out on bail, confesses to family that he killed burglary victims; cops then Mirandize D and he confesses to murder; does 6th amend right to counsel attach to murder/unindicted crime?

-S.Ct. says no: even though there is a “factual relationship” b/n two crimes, under Blockburger test (used for double jeopardy), if you can have one crime w/o the other, they are separate offenses and have to invoke 6th amend for each one (6th amend would carry over for murder then manslaughter b/c can’t have murder w/o manslaughter); since can have burglary w/o murder, 6th amend right does not attach to unindicted murder charge -problematic b/c may give incentive to prosecutors to indict on lesser offense when you have 2 crimes so that you preserve question re: more serious crime w/o being subject to Massiah right to counsel protections

-under this std., Brewer may not have been 6th amend violation (b/c indicted for abduction of little girl, not
murder and questioning was re: murder)