Tag: Case Law – Right to Counsel

Should non-lawyer judges be sending people to jail? SCOTUS asked to review

Pleading the Sixth: In 1976, the U.S. Supreme Court determined that the 14th Amendment permits non-lawyer judges to impose jail time so long as the defendant has the ability to get a do-over in front of a judge who is

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A Cronic resolve to America’s chronic right to counsel deficiencies

Pleading the Sixth: On September 28, 2016, the Pennsylvania Supreme Court ruled that indigent defendants have a right to challenge systemic deficiencies at the outset of a case before having to suffer from actual or constructive denial of counsel. [Click

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SCOTUS decision exposes unequal justice for Native Americans

Pleading the Sixth: On June 13, 2016, the U.S. Supreme Court held that prior uncounselled tribal court convictions resulting in jail time can be used to enhance penalties on subsequent offenses in federal courts. Wait! Isn’t that the exact opposite conclusion the Court

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Actual Denial of Counsel & Government Tyranny

Pleading the Sixth: On May 13, 2015, the U.S. Senate Judiciary Committee held a first-ever hearing on the failure of state, county and local courts to appoint lawyers to the indigent accused, as is their Constitutional duty. As the 6AC

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US DOJ enters Statement of Interest in NYCLU class action lawsuit

Pleading the Sixth: The U.S. Department of Justice entered a Statement of Interest in a class action lawsuit brought by the New York Civil Liberties Union alleging egregious Sixth Amendment violations in that state. Importantly, the Statement denotes DOJ’s position

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6AC & PJI release issue paper on early appointment of counsel

The Pretrial Justice Institute and the Sixth Amendment Center jointly release a new report, Early Appointment of Counsel: The Law, Implementation, and Benefits, that concludes that the justice goals of the criminal court systems will be best served where every

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