Counsel

charge, and during the revocation process, Mempa had no counsel to represent him, was not offered the option of having counsel to represent him, nor asked of his previous court-appointed counsel. He plead guilty to the burglary charges and was sentenced to 10 years maximum, in compliance to Washington State Law ("Mempa v. Rhay 389 U.S. 128 (1967)", 2017). Within six years, Mempa sought a writ of Habeas Corpus because he was denied counsel during…

After being arrested, the three codefendants were all appointed the same attorney. Before the trial, the appointed attorney Harold Hall filed a motion on behalf of each defendant requesting the court to appoint each defendant their own separate counsel based on the potential for conflict of interest. The trial court denied the motion. Procedural History: The plaintiffs, codefendants in an Arkansas…

DEFENDANT’S MOTION AND MEMORANDUM IN SUPPORT OF ADDITIONAL AUTHORIZATION FOR SENTENCING INVESTIGATION COMES NOW the Defendant, Ulriste Tulin, by counsel, and submits his motion and amended budget proposal for additional authorization for sentencing investigation in this matter pursuant to the Criminal Justice Act (“the Act”). In support of such motion, the following is submitted: 1. The defendant was charged with Conspiracy to Commit Hostage Taking, 18 U.S.C. § 1203, two counts of Aiding…

claim to determine whether our client, Piotr Budziszewski, had ineffective assistance of counsel because they failed to let him know that he would face deportation if plead guilty to one count of possession of a controlled substance with intent to sell. Legal Issue When counsel fails to notify their client of the immigration consequences that would come from pleading guilty, are they guilty of ineffective counsel thus violating the client’s rights guaranteed by the Sixth Amendment? Facts…

respondent, Gerald Scarpelli, a felony probationer was arrested after committing a burglary. The respondent's probation was revoked without a hearing and he was not represented by counsel. He filed a petition for habeas corpus and the District Court concluded that revocation of probation without a hearing and without counsel was a denial of due process. The Court of Appeals affirmed. The probationer was entitled to a hearing, but the State is not constitutionally required to appoint an…

The Sixth amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense.” However, originally most people handled their own cases, though some sought the advice of the small pool of attorneys. Even when lawyers were present, they were only required to appear in court. Now, attorneys are required to be involved from the time the defendant is questioned by law enforcement. However, some people cannot afford to pay for…

women lose their motivation but also, the difficulty and complexity of building their professional and managerial positions in transnational corporations (TNC) impose pressure on women which cost them to leave their positions. As the Deputy General Counsel at the MiningCo transnational corporation in the ''Global South'', the author based…

one of the many motivating factors in my decision to purse of law degree. Gideon v. Wainwright, a case involving an indigent man by the name Clarence Gideon, who was denied counsel. This case not only changed America when the supreme court ruled the government must provide free counsel to accused criminals who cannot afford counsel for themselves, but this case as also had a huge impact on my family life and in my decision making when it came to my career path. GIDEON V. WAINWRIGHT Clarence…

Gideon v. Wainright determined the constitutional right of counsel for the indigent. An indigent is a person without a sufficient income to afford a lawyer for defense in a criminal case. If the court finds a person an indigent, the court must appoint a public defender or other attorney to represent them (Hill). Indiana continues to rely heavily on the inherent authority of the courts to provide the mandated services. It is one of the few states that a willing employee of the judge may…

In Gideon v. Wainwright, the U.S. Supreme Court decided that the assistance of counsel was a fundamental right to those (in criminal trials) who could not afford one, and that it was essential to a fair trial and due process of law. The Constitutional Amendments at issue were the Sixth and Fourteenth Amendments. In 1961, Clarence Gideon was denied the right to counsel after being accused of breaking and entering with the intent to commit a misdemeanor offense, which was a felony in the state…