Term
- Duckworth v. Eagan- A mistatement words is ok when informing someone of their rights to a lawyer. Such as you may get a lawyer.
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Definition
Challenges to Miranda
- Dickerson v. U.S. - FBI messed up and didnt give Miranda rules when required, chance to overturn Miranda.
Wavier of Right to Counsel, Right to Counsel, & Right to Remain Silent
- In 5/6th amend. rule of knowing is diff.
- Must be voluntarily
- 1960s Court assumed ppl did not know their rights
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Term
- MI V. Mosley - it is ok to repeat (rewarn) but focus on other crimes. If enough time has went by police can rewarn and ask about same crime.
WAIVER OF RIGHT TO COUNSEL
- Maryland v. Shatzer- 2weeks is enough to wait until you re-question. (Released from Miranda questioning) Suspect was still locker up
- Texas v. Cobb- its ok to question suspect about other offenses w/o a lawyer being present
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Definition
Invoking Right to Counsel
- Davis v. U.S- "maybe I should talk to a lawyer". SC said that is too ambigous
- Moran v. Burbine- Police mislead lawyer. Does this create a violation? In order to keep lawyer away from suspect. SC said this was ok.
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Term
Right to Counsel
- Powell v. ALA. - State criminal prosecution, 6th amend had been applied to 14th. Scotts Boys CASE. Young, uneducated, black, poor. No lawyer provided until trial. Indegients in captiol cases, pre-trial is a critical stage. it was a violation of due process to not provide lawyer during critical stage.
- Johnson v. Zerbst - federal criminal prosecution, 6th applies to court. Indigent defendanys must have a lawyer if a defendant is facing serious charges
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Definition
CONT'D
- Betts v. Brady - state, special need defendants . States have a duty to provide a lawyer
- Gideon v. Wainwright- broke into vending machine, ask for lawyer judge said No. Gideon represented himself and got convicted. Later he wrote a later to SC. He was then represented by a high power firm. Defense challenged Betts v, Brady, and said all poor facing serious charges
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Term
CONT'D
- Retro appliciation- should this new right be applied to the past&present or through just the present. Retro activity means past/present
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Definition
- Douglas v. Calif- right to counsel at first appeal as of right. (mandatory review) but not at 2nd appeal.
- Argersinger v. Hamlin- right to counsel beyond felonies and to mismeandors. if there is a chance of incarcernation.
- Gagnon v. Scarpelli- probation/parole. Is there a right to counsel at a probation/parole hearing? Depends on if lawyer makes a difference
- Ross v. Moffit- companion case to Douglas v. Calif....no right to counel after as of right.
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Term
- scott v. Illinois- Twist on Argensinger, defendant was facing incarcentation may gte get fines but no right to counsel. Has to be actually incarcented
- ALA v. Shelton- suspended sentence, defendant was convicted and given a sentence and put on probation. Does defendant have a right to counsel since if they violate there probation then you can go to jail. YES
- Faretta v. Calif- waive to counsel at trial court level
- Martinez v. Calif- cannot waive counsel and represent your self at appellate
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Definition
INEFFECTIVE COUNSEL
- STRICKLAND V. WASH. - Test for determining ineffective counsel. Two part test depends on the performance standards and defendant has burden of proof.
- Burbine v. Johnson- not a SC case, sleeping lawyer in texas. Was the lawyer ineffective during the time he/she was sleep. Would their input would've made a difference.
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Term
NO RIGHT TO COUNSEL
- BAIL HEARINGS
- HABEAS CORPUS
- CIVIL CASES
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Definition
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