6Th Am Rights

Front 1

Appointed counsel is required at trial if

Back 1

1. Indigent D
2. Facing felony or misdemeanor with actual imprisonment or imposing a suspended sentence.

Front 2

Requirements for 6th Am violation

Back 2

1. post charge
2. the government deliberately elicited statements from D in the absence of counsel or in the absence of a waiver.

Front 3

Has 6th Am right to counsel been triggered?

Back 3

1. initiation of an adverse judicial proceeding.
2. Applies to any critical stage thereafter.

Front 4

Examples of criminal proceeding

Back 4

1. custodial interrogation
2. indictment
3. prelim hearing
4. information
5. arraignment
6. pre-trial lineup.

Front 5

What is an arraignment

Back 5

when you are brought into court and the charges are read to you.

Front 6

Deliberately Elicited

Back 6

Government engaged in questioning that they knew or should have known would be likely to elicit an incriminating response.

Front 7

Waiver of right to counsel

Back 7

Must be knowing voluntary and intelligent.

Front 8

Waiver without the presence of counsel

Back 8

Counsel does not have to be present if police ask for a questioning or if D actually waives.

Front 9

Exceptions to 7th Am right to counsel

Back 9

1. Impeachment
2. Fruits is not an exception

Front 10

Impeachment Exception

Back 10

A statement obtained in violation of the 6th Am right to counsel is admissible to impeach the defendant at trial.

Front 11

Fruits of Miranda violation

Back 11

Fruits of violation of Massaiah must be suppressed.

Reas: It is a constitutional violation; not simply a prophylactic rule

Front 12

What is offense specific

Back 12

It means that the 6th Am right only applies to charged offenses.

Front 13

Test for same offense

Back 13

if all elements are the same in both charges

Front 14

Right to counsel at eye witness IDs

Back 14

Counsel mus be notified of post-indictment lineups

Absent a waiver counsel must be present at these lineups.

Front 15

Test for whether something is a critical proceeding.

Back 15

Whether the potential substantial prejudice to D's rights inheres in the particular confrontation and ability of counsel to help avoidthis prejudice.

Front 16

Post indictment- pre trial line up

Back 16

Right to counsel.

Front 17

Photo Lineup

Back 17

No right to counsel

Front 18

Pre-indictment lineup

Back 18

no right to counsel

Front 19

Face to face confontation

Back 19

no counsel unless hes been charged.

Front 20

Test for due process violation re no counsel at eyewitness IDs

Back 20

1. lineup unnecessarily suggestive
2. unreliable (i.e. likely to lead to a mistaken ID)

Front 21

Factors re due process violation of eyewitness IDs.

Back 21

1. opportunity of W to view perp at time of crime
2. W's degree of attention
3. accuracy of his prior description
4. level of certainty demonstrated at confrontation
5. time elapsed between crime and confrontation

Front 22

Remedy for 6th Am violation

Back 22

There is a per se rule of exclusion

Front 23

In Court IDS

Back 23

In court id's will also be suppressed unless the prosecutor can show that 1. it was not tainted by the out of court ID and 2. court ID is of independent origin.

Front 24

Right to appointed counsel on appeal if

Back 24

1. indigent and 2. first appeal as of right

Front 25

Second discretionary appeal

Back 25

No right to lawyer

Front 26

Discretionary Petition for review

Back 26

right to lawyer.

Front 27

State must provide free transcript to indigent people who want an appeal

Back 27

Can't prevent D from accessing the system

Front 28

In order for counsel to be ineffective there must be

Back 28

1. constitutionally deficient performance
2. constitutionally recognized prejudice

Front 29

Constitutionally deficient performance

Back 29

reasonableness in light of prevailing professional standards.

Can't challenge attorneys strategic choices

Measured at time of trial

Front 30

carn--

Back 30

flesh

Front 31

Conflict of interest

Back 31

If there is a conflict of interest the judge may deny waiver of counsel

Front 32

When is a hearing mandated for conflict of interest

Back 32

1. if judge is put on notice
2. and trial counsel refuses dual representation

Front 33

Right to self representation

Back 33

Inherent in D's sixth amendment right to counsel is the right to no counsel or to represent himself.

Front 34

If the suspect wants to represent himself trial court must

Back 34

1. make sure waiver was voluntary
2. give warning of consequences

Front 35

Standard for competency to waive counsel

Back 35

1. must be able to understand the proceedings in some way
2. must be able to provide assistance to counsel

Front 36

Standard for competency to represent yourself

Back 36

must have some understanding of the legal proceedings

Front 37

TC can deny a waiver if

Back 37

1. waiver is not voluntary, knowing or intelligent
2. request is too late
3. self representation is to engage in obstructionist conduct i.e. delay tactics

Front 38

Stand By counsel

Back 38

A trial court can appoint stand by counsel to help the D this is not a violation.

Front 39

Consequences of no representation

Back 39

If court doesn't appoint a lawyer then assistance of counsel is denied and conviction will be reversed.

If appointment, but deny self representation conviction is reversed.

Front 40

Right to self representation on appeal

Back 40

No right to self representation on appeal.