Sixth Amendment

Question 1

What are requirements for a waiver of assistance of counsel?

Answer 1

1. Knowing, voluntary, intelligent

2. Miranda warning triggers notice of 6A rights

Question 2

What happens if defendant invokes a right to counsel but subsequently waives?

Answer 2

Subsequent waivers presumed involuntary

Question 3

What is the Blockburger test?

Answer 3

2 crimes in 1 transaction = same offense unless each crime requires elements that the others don’t

Question 4

What is the effect of denial of counsel on a conviction?

Answer 4

Conviction is automatically reversed w/o specific showing of unfairness

Question 5

What is the effect of denial of counsel on a guilty plea?

Answer 5

D has right to withdraw + can’t be used against it as an admission

Question 6

What is the effect of denial of counsel on a non-trial proceeding?

Answer 6

Harmless error analysis

Question 7

What can incriminating evidence obtained in violation of the 6A be used for?

Answer 7

Can only be used for impeachment

Question 8

What are the elements of IAC?

Answer 8

1. Representation below objective standard of reasonableness

2. Performance prejudiced D resulting in outcome that would’ve been different

Question 9

When does a conflict of interest amount to IAC?

Answer 9

1. Actual Conflict - follow interest that adopt strategy other than most favorable to D
2. Adverse Impact - alternative might be pursued but wasn’t b/c of conflict