6th Amendment

Question 1

What does the 6th Amendment provide?

Answer 1

1. Provides a person who is formally accused of a crime the assitance of counsel during all critical stages of the adversarial process
2. Requires testimonial evidence be subject to adversarial testing (Confrontation Clause)

Question 2

What does the right to counsel encompass?

Answer 2

1. The right to hire private counsel AND
2. The right to be provided with counsel without charge if the accused is unable to afford counsel

Question 3

What types of proceedings does the right to counsel apply?

Answer 3

In any case where the D is sentenced to incarceration

• Even if the sentence is suspended

Question 4

When is the right to counsel applicable?

Answer 4

The right applies at all critical stages of proscution after formal proceedings have begun

• Right auto. attaches when the state initiates prosecution w/ an indictment or formal charge & ends at the sentencing stage of the trial
  
  • D does not need to invoke the right

Question 5

What is the definition of “Critical Stage”?

Answer 5

The proceedings b/w an indiv. & an agentof the state that amount to trial life confrontations, at which counsel would help the accused in coping w/ legal problems or meeting his adversary

• Right to counsel attaches at the following stages:
  
  • Post-Indictment lineups & in-person ID
  • Post-Indictment interr. (custodial or otherwise)
  • Arraignment & prelim. hearing to determine PC to prosecute
  • Plea bargaining, guilty pleas, sentencing
  • Appeals as a matter of right

Question 6

What are considered noncritical stages?

Answer 6

• Witness viewing photos of the alleged D
• Pre-charge (investigative) lineups
• Taking of fingerprints, handwriting exemplers, voice exemplers, blood samples
• Hearings to determine PC to detain the D
• Discretionary appeals
• Post-conviction proceedings (parole, probation)

Question 7

Indigent Defendants

Answer 7

When right to counsel exists, an indigent D has the right to the appointment of counsel

• right doesn’t entitle indigent D to the appointment of counsel of his choosing

Question 8

6th amend. right to counsel - Waiver

Answer 8

D has the right to refuse counsel and proceed pro se unless request is untimely or D is unable/unwilling to follow rules of procedure

• The 6th Amend. right to counsel can be waived so long as it’s voluntary, knowing and intelligent
  
  • So, if D is given Miranda warnings and a valid waiver occurs, ev. obtained vol. from the inter. w/out presence of counsel is admiss.

Question 9

What is the effect once the 6th amendment right to counsel is properly invoked ?

Answer 9

The right only applies to the specific offense at issue in those proceedings

1. Blockburger Test - 2 dif. crimes in 1 crim. trans. are deemed to be the same offense for 6th amdn. purp. unless each requires proof of an element that the other doesn’t
2. Compare to Miranda
   
   • Unlike - req. for counsel to be present applies only to interr. about the offense charged
   • Like Miranda - D may make a knowing & vol. waiver of the right to counsel being present

Question 10

Remedy for Denial of Counsel - Effect on Conviction

Answer 10

D’s conviction is auto. reversed

• even w/out specific showing of unfairness

Question 11

Remedy for Denial of COunsel - Effect on Guilty Plea

Answer 11

If D pleaded guilty at prelim. hearing, w/out being given the opp. to have counsel

• D has the right to w/draw the plea AND
• It can’t be used against the D as an evidentiary admission

Question 12

Remedy for Denial of Counsel - Effect of Counsel at Nontrial Proceedings

Answer 12

Such as a Lineup

• Subject to harmless-error analysis

Question 13

Remedy for Denial of Counsel - Admissibility of a Defendant’s Statements to Informants

Answer 13

Post-Indictment statements that a D makes to a police informant are inadmiss. when:

• the police intentionally create a situation likely to induce the D to incriminate himself w/out counsel

Question 14

Remedies for Denial of Counsel - Exclusionary Rule Under the 6th Amendment

Fruits Doctrine

Answer 14

The fruit of the poisonous tree doctrine does NOT apply to violations of the 6th Amendment right to counsel

• Both statements & Physical Evidence obtained as a result of 6th Amend. viol. are inadmissible

Question 15

Remedies for Denial of Counsel - Exclusionary Rule Under the 6th Amendment

Impeachment

Answer 15

If police initiate coversation with an accused indiv. who requested counsel - any Incriminating evidence obtained in violation of 6th amend. can be used for impeachment

Question 16

Ineffective Assistance of Counsel - Standard of Competence

Answer 16

Reasonable Competence is Presumed - to prove ineffective, the claimant must show:

1. Counsel’s representation fell below an obj. std. of reasonableness, AND
2. Counsel’s deficient performance prejudiced the D, resulting in an unreliable/unfair outcome

Mere inexperience, strategy, failure to produce mitigating evidence is insuff. to rise to the level of ineffective counsel

Question 17

Ineffective Assistance of Counsel - Conflict of Interest

Answer 17

• Representation of Defendants w/ conflicting interests may amount to ineffective assistance of counsel
• To Overturn Conviction, D must show:
  
  • There was an actual conflcit of interest AND
  • The conflict adversely affected the attorney’s perf.

Question 18

When does actual conflict occur?

Answer 18

When a court determines that the defense attorney is subj. to an oblig./unique personal interest that, if followed would lead her to adopt a strategy other than that most favorable to the defendant

Question 19

When does adverse impact occur?

Answer 19

Can be established by demonstrating that:

1. Some plausible alternative defense strategy or tactic might have been pursued
2. but was inherently in conflict with, or not undertaken, due to attorney’s other loyalties or interests

Question 20

What must a defendant seeking a new trial based on a claim of ineffective assistance of counsel prove?

Answer 20

1. Counsel was ineffective: perf. fell below the min. std. of lawyerly conduct AND
2. Had the lawyer been effective, it would have created a reasonable prob. that the outcome would have been different