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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 ...
The Sixth Amendment requires the jury to be selected from judicial districts ascertained by statute. In Beavers v. Henkel, 194 U.S. 73 (1904), the Supreme Court ruled that the place where the offense is charged to have occurred determines a trial's location. Where multiple districts are alleged to have been locations of the crime, any of them ...
Prior to the Sixth Amendment of the United States Constitution, legal aid was accessible only to those who had the ability to pay. [4] During that time, people who were not able to pay for an attorney usually did not have access to one. [4] The Sixth Amendment changed this concept that only those who had money had the right to an attorney.
Gideon argued in his appeal that he had been denied counsel and therefore that his Sixth Amendment rights, as applied to the states by the Fourteenth Amendment, had been violated. The Supreme Court assigned Gideon a prominent Washington, D.C. attorney, future Supreme Court justice Abe Fortas of the law firm Arnold, Fortas & Porter.
United States (1989), the Court held that there is no Sixth Amendment exception to criminal forfeiture; i.e., after conviction, the government can seek forfeiture of already paid legal fees under a forfeiture statute, notwithstanding the effect on the defendant's ability to retain counsel of choice. [116] Appointment of counsel
In United States law, ineffective assistance of counsel (IAC [1]) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the United States ...
Pages in category "United States Sixth Amendment assistance of counsel case law" The following 9 pages are in this category, out of 9 total. This list may not reflect recent changes .
The case extended the Supreme Court's prior decisions on criminal defendants' Sixth Amendment right to counsel to immigration consequences. The duties of Counsel recognized in Padilla are broad. After Padilla, if the law is unambiguous, attorneys must advise their criminal clients that deportation will result from a conviction. Also, if the ...