Right to Counsel Flashcards

1
Q

Right to Counsel

A

5th Amd. w/r/t custodial interrogation

6th Amd. right at all critical stages of prosecution after formal proceedings begun (charges filed) - offense specific

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2
Q

Waiver of 6th Amendment Counsel

A

Knowing + Vol. + Intelligent + competent to proceed pro se

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3
Q

Violation of 6th Amendment Counsel

A
Statements can't be used (except to impeach)
Harmless Error  (unless at trial = auto reversal of conviction)
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4
Q

Ineffective Assistance of Counsel Claim

A

Specific particular errors + show but for deficient performance, reasonable probability of different result

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