Criminal defense counsel has final say on witnesses 
Published: April 16, 2013
Tags: murder, right to counsel, Sixth Amendment, witnesses
A murder defendant was not denied a fair trial when he was prohibited from calling a witness that his lawyer had decided not to call, the Florida Supreme Court has ruled in affirming a conviction.
CRIMINAL
Published: March 18, 2013
Tags: right to counsel, Sixth Amendment
Does a criminal defendant have a constitutional right to a pretrial hearing to challenge the viability of the charges against him when a restraining order has frozen the assets he needs to retain his counsel of choice?
Court to look at counsel right when assets frozen
Published: March 18, 2013
Tags: right to counsel, Sixth Amendment
The U.S. Supreme Court will decide whether criminal defendants have a constitutional right to a pretrial hearing to challenge the viability of the charges against them when a restraining order has frozen the assets they need to retain their counsel of choice.
Public defenders prevail in right to counsel cases
Published: December 20, 2012
Tags: Emmett D. Queener, Lawyers of the Year, Lawyers of the Year 2012, public defenders, right to counsel, U.S. Supreme Court, Valerie R. Newman
In March of this year, the U.S. Supreme Court extended the right to effective counsel to the plea stage of criminal proceedings in a pair of cases, Lafler v. Cooper and Missouri v. Frye.
In both cases, appellate public defenders argued on behalf of their clients before the highest court in the land for the first time in their careers – and won.
Justices to decide speedy trial case
Published: October 10, 2012
Tags: Criminal Law, right to counsel, speedy trial, Supreme Court
The U.S. Supreme Court will decide whether a state’s failure to pay for counsel for an indigent defendant in a murder case should be weighed against the state in making a speedy trial analysis.
Benchmarks: Can driver interrupt breath test to call lawyer?
Published: September 12, 2012
Tags: breath test, drunk driving, DUI, implied consent, right to counsel
If a state affords an arrested drunk driver the right to call a lawyer before submitting to a breath test, can a driver who has second thoughts interrupt the actual administration of a test to telephone an attorney?
That’s the precise issue just addressed by one state court.
Police interrogation violated ‘Miranda’
Published: August 21, 2012
Tags: habeas, Miranda, right to counsel
A felony murder suspect made his desire for a lawyer sufficiently clear to require police to terminate their interrogation, the en banc 9th Circuit has ruled in reversing the denial of habeas relief.
ABA supports state-funded counsel for indigent parents
Published: December 21, 2011
Tags: ABA, American Bar Association, right to counsel
The American Bar Association has waded into a debate over state-funded counsel for indigent parents in abused or neglected children cases, filing an amicus brief in support of providing parents with counsel.
The limits of post-conviction right to effective counsel?
By:
Kimberly Atkins
Published: October 4, 2011
Tags: ineffective assistance, post-conviction relief, right to counsel, Supreme Court
WASHINGTON – On Tuesday, the justices of the U.S. Supreme Court debated the limits of a defendant’s constitutional right to effective assistance of counsel in post-conviction proceedings.
Police violated drunk driver’s right to counsel
Published: October 4, 2011
Tags: breath test, drunk driving, right to counsel
Breath test results obtained from a drunk driver were inadmissible because police violated his statutory rights by placing him in a partitioned and monitored booth during his pre-test conversation with counsel, the Iowa Supreme Court has ruled in reinstating a suppression order.
