Right to Counsel (6th Amendment) Flashcards
Johnson v. Zerbst
purpose of right to counsel is to protect an accused from conviction resulting from his own ignorance of his legal and constitutional rights
Betts v. Brady
Fourteenth Amendment and right to counsel is not inexorable
Powell v. Alabama
necessity of counsel is vital and imperative that failure to make an effective appointment of counsel was likewise a denial of due process
States v. Parker
Indigent Factors:
- Economic realities
- Owned or controlled substantial assets
- Concealing of assets
- Weight of funds against anticipated costs of trial
- Necessities and cost of providing for self and dependents
- Needs of defendant must be considered
- Availability of income from other sources
- Possibility of reimbursement of legal fees
- Amount in bank accounts
- Amount of securities
- Whether they own a home, and what the value it, equity
- Do they own a car? What is it worth? What is the debt on it?
Commonwealth v. Porter
Criminal defendant who wishes to have appointed counsel has the burden of proving indigency by a preponderance of the evidence
Argersinger v. Hamlin
Absent a knowing an intelligent wavier, no person may be imprisoned for an offense, whether classified at petty, misdemeanor, or felony, unless he was represented by counsel at trial
Scott v. Illinois
Every felony defendant who is indigent and wants to represented by counsel has a right to counsel
Faretta v. California
A state may not hale a person into its criminal courts and force a lawyer upon him
Gilbert v. California
Taking of exemplars did not violate petitioner’s Fifth Amendment privilege against self-incrimination
Stovall v. Denno
Show up identification will be inadmissible when there was no effort to make the least provision for reliable identification and the combined result of the procedures employed establish that the show up was unduly suggestive
United States v. Wade
Where the admissibility of evidence of the lineup identification itself is not involved, a per se rule of exclusion of courtroom identification would be unjustified
The Retreat Kirby v. Illinois
Right to counsel attaches as soon as criminal charges are formally made against an accused
Coleman v. Alabama
Guiding hand of counsel at the preliminary hearing is essential to protect the indigent accused against an erroneous or improper prosecution
Chatman v. California
Harmless Error Analysis:
- How serious was the error?
- How clearly unconstitutional/latent was the action of the government?
- How strong is the government evidence?
United States v. Mandujano
The grand jury’s investigative power must be broad if its public responsibility is adequately to be discharged
