6th Amend.

Question 1

Right to Counsel

Answer 1

IS offense specific (counsel would only need to be present if the ∆were being asked Qs about the SPECIFIC case for which ∆ has retained counsel.

Question 2

Pre-Trial ID

Answer 2

Denial of Right to Counsel:

• Post charge line ups and show ups give rise to right to counsel
• BUT no right to counsel when police go out to show victim or witness photos

Other stages where there is NO right to counsel:
-Blood samples, handwriting, pre-charge lineups, brief recess during ∆’s testimony at trial, Parole and probation revocation proceedings, fingerprints

Question 3

Pre-Trial Procedures

Answer 3

Bail = Issues are immediately appealable; Preventive detention IS constitutional

Grand Juries = Exclusion does NOT apply to conduct of grand juries

Question 4

Prosecutorial duty to disclose exculpatory info

Answer 4

Prosecutor’s failure to disclose evidence, whether willful or inadvertent, violates the DP Clause and may be grounds for reversal of a conviction.

Failure to disclose…will constitute grounds for reversing a conviction IF:

• Evidence is favorable to ∆ and
• Prejudice has resulted, meaning there is a reasonable probability that the result would have been diff. had the info been disclosed

Question 5

Trial

Answer 5

Right to an unbiased judge:

-Bias means having a FINANCIAL INTEREST in the outcome of the case or some ACTUAL MALICE against the ∆

Question 6

Right to Jury Trial

Answer 6

Attaches anytime the ∆ is tried for an offense for which max authorized sentence EXCEEDS 6 mos.

Minimum = 6 & MUST be unanimous

No Fed. protected Const. right to a unanimous 12 juror verdict

Question 7

Right to Counsel

Answer 7

At critical stages of a prosecution

IAC: “would have been diff.; specifying PARTICULAR ERRORS

Right to Self-Representation: Knowing, Intelligent, Competent

Question 8

Right to Confront Witnesses

Answer 8

NOT violation when preventing such confrontation serves an IMPORTANT public purpose and the reliability of the witness testimony is otherwise assured.

Question 9

Guilty Pleas & Plea Bargaining

Answer 9

Gen. Rule = Court will NOT disturb guilty pleas AFTER sentencing

Judge MUST address: Nature of the charge, Tell ∆ max authorized penalty and any mandatory minimum penalty, right to plead not guilty and to demand a trial, all of this must be on the record.

Question 10

4 Good Bases for W/drawing Guilty Plea after sentence

Answer 10

(1) Plea was involuntary (threat of higher charge doesn’t count)
(2) Lack of jurisdiction
(3) IAC
(4) Failure of the prosecutor to keep an agreed upon plea bargain