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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 ...
Thus, Virginia's unique system of "motion pleading" gradually supplanted the forms of action and traditional common law procedure. [1] Like other states, Virginia authorized the state supreme court to promulgate court rules governing civil procedure, and the Supreme Court of Appeals promulgated a comprehensive set of Rules of Court which became ...
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial ...
Prisoners committed to civil mental institutions have a right to a hearing to determine whether or not they are in fact mentally disordered. Brown v. Louisiana: 383 U.S. 131 (1966) first amendment, right to protest South Carolina v. Katzenbach: 383 U.S. 301 (1966) Voting Rights Act, Fifteenth Amendment Memoirs v. Massachusetts: Free Speech: 383 ...
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 ...
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.
Richardson stated in dictum that "the right to counsel is the right to effective counsel" confusion persisted in Circuit Courts about the standard for constitutionally "adequate legal assistance". [7] The Strickland standard is based on the Sixth Amendment's purpose to protect the right to a fair trial guaranteed by the Due Process Clause: [7] [9]
Gideon v. Wainwright, 372 U.S. 335 (1963) All defendants have the right to an attorney and must be provided one by the state if they are unable to afford legal counsel. Escobedo v. Illinois, 378 U.S. 478 (1964) A person in police custody has the right to speak to an attorney. Miranda v.