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In this case, the Court repeated the Brewer condition that the Sixth Amendment right to counsel attaches after the commencement of adverse judicial criminal proceedings, and that the right exists only during pre-trial confrontations that can be considered "critical stages" during adverse judicial criminal proceedings. 621 So.2d at 801.
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights . The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment .
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.
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 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 ...
Massiah v. United States, 377 U.S. 201 (1964), was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the government from eliciting statements from the defendant about themselves after the point that the Sixth Amendment right to counsel attaches.
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]
Brewer v. Williams, 430 U.S. 387 (1977), is a decision by the United States Supreme Court that clarifies what constitutes "waiver" of the right to counsel for the purposes of the Sixth Amendment.