Sixth Amendment

Question 1

Using a co-D’s confession against another co-D

Answer 1

General Rule:
the Sixth Amendment right to confront adverse witnesses prohibits the use of such a statement

3 Exceptions:
The Statement may be admitted if:

(1) All portions of the statement referring to the other D can be eliminated (so that there is no indication of that D’s involvement)

(2) The confessing D takes the stand and subjects himself to cross-examination with respect to the truth or falsity of what the statement asserts
OR
(3) The confession of the non-testifying co-D is being used to rebut the D’s claim that his confession was obtained coercively, in which case the jury must be instructed as to the purpose of the admission.

Question 2

Right to a Speedy Trial – when it kicks in

Answer 2

Sixth Amendment Right to a Speedy Trial does not attach until the D has been arrested or charged

Question 3

Pre-arrest delays and the Right to a Speedy Trial

Answer 3

Pre-arrest delays do not violate the Sixth Amendment, not do they violate general due process requirement unless they (1) were in bad faith AND (2) prejudice the D.

Question 4

Guilty Plea

Answer 4

A guilty plea is a waiver of Sixth Amendment right to trial by jury

Question 5

Standard for a Guilty Plea

Answer 5

To be a valid waiver, the judge must determine on the record that the guilty plea represents a voluntary and intelligent choice among the alternative course of action open to the D.

Intelligent:

(1) nature of the charge to which the plea is offered
(2) maximum possible penalty
(3) that D has right to not plead guilty; AND
(4) that by pleading guilty, D waives her right to a trial