Criminal Procedure 2021 Flashcards
Palko v. Connecticut
No longer good law
class example
double jeopardy does not shock the conscious
DPC protected only rights “of the very essence of a scheme of ordered liberty”
Duncan v. LA 1
selective incorporation
Test: whether the right protected is among those “fundamental principles of liberty and justice that lie at the base of all our civil and political institutions.”
DA’s Office v. Osborne
Free Standing DP = Rights outside of BoR
DNA
Test: whether the state’s procedure so violated a process so rooted in the tradition and conscience of our people as to be ranked as fundamental
A long history of the right
Novelty
State Legislatures’ action
Requires the court to act as policy maker
Betts v. Brady
Old, bad law
indigent defendants are not entitled to court appointed counsel.
Special Circumstances Rule – did the trial offend “fundamental ideas of fairness and right”
Powell v. Alabama
Scottsboro 9
within Betts v. Brady
Effective counsel: court has not done its duty when counsel assigned at a time or under circumstances as to preclude giving effective aid in prep and trial of case.
John v. Zerbst
within Betts
6th amendment requires federal courts to provide indigent defendants with appointed counsel in all serious criminal cases (all felony cases at minimum)
Gideon v. Wainwright
Right to counsel in serious criminal cases
Alabama v. Shelton
right to counsel for indigent defendants when jail time is imposed (not necessarily carried out)
The right to counsel extends to defendants that have a suspended sentence which could lead to imprisonment.
Argersinger v. Hamlin
within Alabama v. Shelton
Holding: counsel may be required for a fair trial, even in a petty offense.
KEY: Actual jail time
Scott v. Illinois
within Alabama v. Shelton
Holding: not entitled to counsel because there was no jail time
An indigent defendant cannot be sent to prison unless the state has afforded him the right to assistance of appointed counsel
KEY: mere potential for jail time (a possible penalty)
Rothgery v. Gillespie County
right to counsel only required at critical stages
Critical = anything that will impact later proceedings
Douglas v. California
there is RTC under 14th on first appeal
Griffin v. IL
within Douglas v. CA
Requires court to provide D with transcript to support claims on appeal
Cannot deny right to appeal because of poverty
Moss v. Moffitt
There is no right to appointed counsel beyond the first appeal b/c no right to appeal beyond 1st appeal.
Ake v. Oklahoma
footnote from Ross v. Moffitt
There is no right to an additional appointed expert if the state already has an expert.
resulting jail time + misdemeanor =
RTC
Critical Stage
= after adversary judicial proceedings initiated
when doing something to affect trial
arraignment
RTC on appeal
only when one is a matter of right
there is no right to discretionary review
