The 1964 Supreme Court decision in Massiah established that a voluntary confession deliberately elicited by the state from an indicted defendant in the absence of counsel can be excluded on sixth amendment grounds (an accused's right to counsel). In Kirby v. Illinois, a subsequent case, a defendant in a Massiah-type situation was found to come under the sixth amendment guarantee of counsel if there has been a formal charge. In Lomax v. Alabama, a case heard before the Fifth Circuit Court of Appeals, the court specified that the right to counsel applies from the beginning of prosecutorial involvement. The problem with this decision is that it can be extended to cover situations where a prosecutor has provided advice to the police during an investigation and even prior to formal charging. An issue raised by the Massiah decision but not answered in that case is whether incriminating statements obtained by the state can be excluded on sixth amendment grounds when the information relates to a crime committed by the defendant other than that for which adversary proceedings have already been initiated. Most courts agree that the sixth amendment does not apply in such a circumstance providing the incriminating statements are unrelated to the original charges. Thirty footnotes are provided.