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Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...
Crawford v. Washington, 541 U.S. 36 (2004) The Supreme Court held that the admission of "testimonial" hearsay in a criminal trial violates the defendant's Sixth Amendment right to confront the witnesses against him unless the declarant is unavailable to testify at trial and the defendant had a prior opportunity to cross-examine the declarant.
A three-judge panel of the United States District Court for the Eastern District of Virginia upheld the constitutionality of anti-sodomy laws. [10] The majority opinion, written by Senior Circuit Judge Albert V. Bryan, concluded: "If a State determines that punishment therefor, even when committed in the home, is appropriate in the promotion of morality and decency, it is not for the courts to ...
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
The Virginia Attorney General issued an opinion stating that the amendment does not change the legal status of documents such as contracts, wills, or Advanced Medical Directives between unmarried people. [32] The amendment was declared to be in violation the United States Constitution by a U.S. District Court Judge on February 13, 2014. [33]
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In Virginia, default is filed automatically if the defendant fails to respond in any way within 21 days of service of process being effected. A defendant that defaults thereby waives further notice of proceedings (unless the defendant has an attorney of record), and waives the right to a jury trial in any further proceedings.