Tag: United States v. Cronic

Systemic right to counsel failures cannot be resolved in case-by-case reviews

Pleading the Sixth: In America, the indigent accused has a constitutional right to be represented by an effective lawyer at all critical stages of a case where loss of liberty is a potential penalty. But what if that lawyer 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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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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Michigan Court of Appeals allows class action lawsuit to proceed

Pleading the Sixth: On April 3, 2013, the Michigan Court of Appeals affirmed a lower court’s ruling denying the state’s motion to dismiss the American Civil Liberties Union’s class action lawsuit alleging systemic deficiencies to the delivery of constitutionally mandated

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Williamson County TX settles “no counsel court” lawsuit

Pleading the Sixth: Williamson County, Texas settled a class action lawsuit alleging that judges engaged in a “systematic and deliberate scheme” to deprive “persons accused of misdemeanor offenses of their right to be represented by counsel.” By agreeing to set

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