To declare that in the administration of the criminal law the end justifies the means—to declare that the Government may commit crimes in order to secure the conviction of a private criminal—would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.
—Justice Louis Brandeis 1
It came as no surprise that Judge Denato’s use at trial of the inevitable discovery exception to the exclusionary rule led to a second round of appeals. The primary legal issue of the trial and appeals process in the second Williams case, Nix v. Williams, 2 was the exclusionary rule of justice which disallows the use of illegally gathered evidence at trial. As had Brewer v. Williams, 3 this case also questioned the desirability of protecting individual rights when they conflict with the ability of the judicial system to gather all the relevant evidence that could help determine the guilt or innocence of an accused person. Confrontations between these competing goals are common in criminal cases. What is unusual about Nix v. Williams is that the issue of whether evidence found as a result of the violation of the Sixth Amendment right to counsel should be excluded from trial was framed by Justice Stewart’s majority opinion in Brewer v. Williams. This was done by Footnote 12, where Justice Stewart stated that while Williams’s incriminating statements could not be submitted as evidence, “evidence of where the