This section contains the nature of the case and procedural background.

Minnick (D) and a fellow prisoner escaped from jail and broke into a trailer in search of weapons. Two people were killed during the break-in. Four months later, D was arrested for the murders. The following day, two FBI agents interviewed D at jail. D was advised of his Miranda rights. He refused to sign the rights waiver but acknowledged that he understood them and agreed to answer questions. D told the agents that his partner killed one of the victims and forced him to kill the other. D then requested a lawyer. An appointed attorney met with D. D spoke with the lawyer on two or three occasions, though it is not clear from the record whether all of these conferences were in person. Two days later, after D had conferred with his attorney, a Mississippi (P) sheriff came to California to interview him. D testified that his jailers again told him he would 'have to talk' to the sheriff and that he 'could not refuse.' D was again advised of his rights, again refused to sign the rights waiver, and again agreed to answer questions. D's lawyer was not present. D made incriminating statements and was charged with murder. The trial court suppressed D's statements to FBI agents but admitted D's statements to the sheriff. D was convicted of capital murder and sentenced to death. On appeal, D argued that the confession to the sheriff was taken in violation of his rights to counsel under the Fifth and Sixth Amendments. The State Supreme Court affirmed.

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