04-07-09 State of New Jersey v. Isaac Lenin
A-6499-03T4
Sixth Amendment right to counsel did not apply to defendant
where, some four years after murder charges against him were
dismissed following two hung juries, State used confidential
informant to surreptiously record incriminating statements from
defendant pertaining to the murder incident, which statements
led to the filing of identical charges against defendant arising
from the same incident; there were no adversarial judicial
criminal proceedings pending against defendant when he made the
statements, and there was no evidence that the State obtained
dismissal of the murder charges in a deliberate attempt to
circumvent his constitutional rights.
