RIGHT TO COUNSEL

Question 1

when is Δ entitled to counsel for trials? (2 rules + Powell v. Alabama)

Answer 1

rule #1 = states can only sentence convict to incarceration if represented by counsel at trial (Gideon v. Wainwright)

rule #2 = right to counsel for felony charges, federal & state (Scott v. Illinois)

Powell v. Alabama = right to counsel in capital cases regardless of ability to pay

Question 2

right to counsel on appeal (Douglas v. CA & Halbert v. MI)

Answer 2

indigent appellant has right to counsel on 1st appeal as matter of state right but no right to counsel on 2nd or discretionary appeal (Douglas v. CA)

Halbert v. MI = follows Douglas rule except right to counsel on 1st appeal even if discretionary

Question 3

right to self-representation: standard

Answer 3

Δ in state criminal trial has right to defend self when Δ KNOWINGLY & VOLUNTARILY wants to do so (Faretta v. CA)

Question 4

waiver of right to counsel: inquiry

Answer 4

right to counsel can be waived; inquiry = VOLUNTARY CHOICE & Δ AWARE OF DANGERS/DISADVANTAGES

Question 5

competency for self-representation (2 options + appeals)

Answer 5

Godinez rule/import standard = Δ is competent to stand trial & reasonable able to consult + has rational & factual understanding

competence “plus” standard = states can add requirements to Godinez rule/important standard if they want

counsel required on appeal when Δ represented self at trial

Question 6

right to effect assistance

Answer 6

6th Amendment right to counsel incorporates right to effective assistance of counsel (see other deck)

Question 7

preliminary hearings; critical stage test

Answer 7

yes right to counsel at preliminary hearings due to potential for substantial prejudice (Coleman v. AL)

critical stage test = if certain rights may be lost if no counsel present)