Cicenia v. Lagay (1957)
- Docket
- 177
- Decided
- 1957-01-01
Summary
Question: Did the state’s refusal to permit Cicenia to communicate with counsel during the policy interrogation deprive him of due process? Conclusion: In an opinion authored by Justice John M. Harlan II, the Supreme Court affirmed the lower court's decision. The Court reasoned that Cicenia had failed to substantiate the charge that his confession was coerced. The Court also found that Cicenia did not have a constitutional right to confer with counsel during police questioning and, therefore, there was no violation of the Fourteenth Amendment Due Process Clause. The Court also found that in the absence of a showing of prejudice to Cicenia, it was not a due process violation for the state to deny counsel the opportunity to inspect the confession before trial. Justice Douglas, joined by Justices Warren and Black, dissented, arguing that the majority ruling was out of line with the constitutional requirement of fair criminal proceedings against a citizen.