(DOWNLOAD) "Constitutional Law and Criminal Procedure." by Suffolk University Law Review ~ Book PDF Kindle ePub Free
eBook details
- Title: Constitutional Law and Criminal Procedure.
- Author : Suffolk University Law Review
- Release Date : January 22, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 242 KB
Description
Criminal Defendant Erroneously Denied First-Choice Counsel Entitled to Automatic Reversal of Conviction--United States v. Gonzalez-Lopez, 126 S. Ct. 2557 (2006) The Sixth Amendment to the United States Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." (1) The United States Supreme Court has interpreted this guarantee to protect the right of a defendant who does not require appointed counsel to choose who will represent him. (2) In United States v. Gonzalez-Lopez, (3) the Supreme Court, faced with a circuit split, considered whether a trial court's erroneous deprivation of a defendant's choice of counsel entitles him to an automatic reversal of his conviction. (4) Justice Scalia, writing for a 5-4 Court, held that the denial of a defendant's right to choose counsel violates the defendant's Sixth Amendment rights regardless of whether prejudice is shown. (5)
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