6th Amendment

Question 1

When does 6th A right to counsel end?

Does an individual have RTC at a probation revocation hearing when the sentence is executed due to the revocation?

Answer 1

it ends at the sentencing stage

No.

Question 2

do miranda warnings inform D of 6th A rights?

Answer 2

yes

Question 3

how can a D claim ineffective counsel?

Answer 3

Δ must show deficient performance + actual prejudice

	i. Deficient performance: Show particular acts/omissions reasonably competent practitioner would not make
	ii. Actual prejudice: Reasonable probability (20-25%) that the result would have been different but for errors

Question 4

what does a court consider in whether to discharge an atty?

Answer 4

i. disadv D,
ii. be unfair to co-D, or
unduly delay the trial

Question 5

what is required for D to proceed pro se?

Answer 5

i. here is a voluntary waiver of the right to counsel at trial by Δ
ii. Judge must consider Δ’s waiver to be knowing + intelligent, and
iii. Δ competent to proceed pro se
1. competent if understand nature of proceedings against him.
iv. timely request

Question 6

what is required for a guilty plea to satisfy 6a?

Answer 6

d. Guilty pleas must be voluntary + intelligent.
i. Judge must ensure on the record that Δ understands
i. (1) nature of charge and critical elements,
ii. (2) maximum and minimum possible penalties,
iii. (3) the right not to plead guilty, and
iv. (4) that by pleading guilty he waives the right to trial.