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Owings reported that the home he shared with his wife, Margaret, and their 16-month-old daughter, Kori Rae, had been burglarized. He also informed police that his wife and daughter were missing. Cobb (D) lived right across the street. Acting on an anonymous tip investigators questioned him about the events. While under arrest for an unrelated offense, D was again questioned about the incident. D confessed to the burglary, but he denied knowledge relating to the disappearances. D was subsequently indicted for the burglary, and an attorney was appointed. Investigators asked and received his permission to question D about the disappearances. D denied involvement. Investigators repeated this process in September 1995, again with the attorney's permission and again with the same result. While free on bond D was living with his father. D's father contacted the Sheriff's Office to report that D had confessed to him that he killed Margaret Owings in the course of the burglary. Investigators secured a warrant for D's arrest. Police took D into custody and administered warnings pursuant to Miranda. D waived these rights. D confessed to murdering both Margaret and Kori Rae. D was convicted of capital murder and sentenced to death. The Texas Court of Appeals reversed concluding that his Sixth Amendment Right to counsel had attached on the capital murder charge even though he had not been charged with that offense. The Supreme Court granted certiorari.

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