Tag: case law – US Supreme Court

Federal committee recommends independence of the defense function

Pleading the Sixth: Kept under wraps since being issued in November 2017, the report of the committee appointed by U.S. Supreme Court Chief Justice Roberts to study the provision of the Sixth Amendment right to counsel in the federal courts

Tagged with: , , ,

Systemic right to counsel failures cannot be resolved in case-by-case reviews

Pleading the Sixth: In America, the indigent accused has a constitutional right to be represented by an effective lawyer at all critical stages of a case where loss of liberty is a potential penalty. But what if that lawyer is

Tagged with: , , , ,

A Cronic resolve to America’s chronic right to counsel deficiencies

Pleading the Sixth: On September 28, 2016, the Pennsylvania Supreme Court ruled that indigent defendants have a right to challenge systemic deficiencies at the outset of a case before having to suffer from actual or constructive denial of counsel. [Click

Tagged with: , ,

SCOTUS decision exposes unequal justice for Native Americans

Pleading the Sixth: On June 13, 2016, the U.S. Supreme Court held that prior uncounselled tribal court convictions resulting in jail time can be used to enhance penalties on subsequent offenses in federal courts. Wait! Isn’t that the exact opposite conclusion the Court

Tagged with: ,

Actual denial of counsel & government tyranny

Pleading the Sixth: On May 13, 2015, the U.S. Senate Judiciary Committee held a first-ever hearing on the failure of state, county and local courts to appoint lawyers to the indigent accused, as is their Constitutional duty. As the 6AC

Tagged with: , , , ,

6AC & PJI release issue paper on early appointment of counsel

The Pretrial Justice Institute and the Sixth Amendment Center jointly release a new report, Early Appointment of Counsel: The Law, Implementation, and Benefits, that concludes that the justice goals of the criminal court systems will be best served where every

Tagged with: , , , , , , ,
Top