crim pro 2

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  1. Sixth Amendment
    The accused shall enjoy the right to speedy and public trial, impartial jury, informed nature of accusation, confronted by witnesses, can obtain witness's in favor and have Assistance of counsel.
  2. Right to Counsel
    (Johnson v. Zerbst)
    Defendant's right to council in federal cases
  3. Right to Counsel
    All Death Penalty
    (Powell v. Alabama)
    Anyone facing death sentence (fed or state) had the right to "effective" assistance of counsel.
  4. Right to Counsel
    Applied to State Court Proceeding
    (Gideon v. Wainwright)
    reversed Betts, any person haled into court too poor to hire lawyer cannot be assured fair tril unless counsel provided.
  5. When does (6th Am) right attach?
    • when prosecution is commenced, adversarial judicial proceedings:
    • formal charge
    • preliminary hearing
    • indictment
    • arraignment
  6. Right to Waive counsel
    • right to represent himself if waiver is knowing and intelligent and competent to proceed pro se.
    • -D has rational & factual understanding of proceding
    • -Judge find D competent to represent based on D's state
  7. Mental Competence
    • D rational & factual understanding of proceedings against him.
    • D sufficient ability to consult w/ lawyer w/ reasonable degree of understanding.
  8. Effective Assistance of Counsel
    (Strickland v. Washington)
    must show performance of counsel deficient and but for that deficiency result of proceedings would be different.
  9. What's NOT Ineffective Assistance of Counsel?
    • use/non-use of trial tactics
    • obtaining D's consent to trial
    • refusal to argue frivalious issues
    • failure to present mitigating evidence
  10. Indigency
    Person not financially able to employ counsel

    Also consier: real/personal property, employment benefits, pensions, SS, Unemployment, etc . .
  11. Indigent appeals
    (Griffin-Douglas Doctrine)
    -Indigent D's have right to counsel on 1st appeal and free trial transcripts
  12. Psychiatric Examinations
    (Ake v. Oklahoma)
    -State must provide access psychiatrist to evaluat, prepare, and present the defense
  13. Who has Right to Counsel?
    (Argersinger v. Hamlin)
    Where any imprisonment is possible, indigent D's have right to appointed counsel.
  14. Self Representation
    (Faretta v. Californa)
    D's right were violated by not allowing him to represent himself. Court addressed right of dignity & autonomy.
  15. Waiver During Guilty Plea
    (Iowa v. Tovar)
    Waiver of counsel occurs when D knows what he's doing choice made w/ eyes open.
  16. "Seen & not heard"
    (McKaskle v. Wiggins)
    -advisory counsel to be seen not heard, can explain courtroom protocol, basic proceedures, etc.
  17. Conflict of Interst
    (Cuyler v. Sullivan)
    D must establish actual conflict of interest advesely affected his lawyer's performance.
Card Set
crim pro 2
Sixth Amendment
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