What is the relevant inquiry under the Sixth Amendment under which the government has interfered with the right to counsel of the accused by "deliberately eliciting incriminating statements"?
The following excerpt is from U.S. v. Mourad, 729 F.2d 195 (2nd Cir. 1984):
The relevant inquiry with respect to this type of claim under the Sixth Amendment is "whether the Government has interfered with the right to counsel of the accused by 'deliberately eliciting' incriminating statements." United States v. Henry, 447 U.S. 264, 272 (1980). The record before us does not show any such deliberate attempt to elicit evidence. The agents merely told Hargrave that he could use the telephone. They did not suggest that he call any particular person nor did they propose topics of conversation. And there is no indication that offering Hargrave the telephone was a ploy "designed to elicit an incriminating response". United States v.
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We hold that no error was committed by the court in the challenged evidentiary rulings.
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