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Tag Archives: Sixth Amendment

Defendant in seminal Confrontation Clause case acquitted

Luis Melendez-Diaz made national headlines in 2009 when the U.S. Supreme Court ruled that the Sixth Amendment’s Confrontation Clause required prosecutors to put a drug analyst on the stand before introducing a lab certificate into evidence.

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Stephen B. Kinnaird: A sixth sense about the Sixth Amendment

When Stephen B. Kinnaird stood before the justices of the U.S. Supreme Court urging them to hold that bad advice from a defense attorney about the deportation risks of a guilty plea can amount to a Sixth Amendment violation, he knew ...

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Defense counsel’s duty to warn about … everything?

WASHINGTON - Last term's U.S. Supreme Court ruling in Padilla v. Kentucky placed a constitutional duty upon defense attorneys to advise clients if a plea carries a risk of deportation. But now, state and federal courts are applying the ruling's Sixth Amendment duty to warn to a host of other collateral areas outside the immigration context.

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Justices to decide another Confrontation Clause case

The U.S. Supreme Court has agreed to decide whether a blood-alcohol test admitted without the live testimony of the officer who prepared the results violates a criminal defendant’s Sixth Amendment rights under the Confrontation Clause.

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Criminal defense lawyers weigh in on new requirements

Criminal defense lawyers are weighing in on Wednesday’s Supreme Court decision, which held that they must inform non-citizen clients about the risk of deportation when taking a plea deal. Such notification is a constitutional requirement for effective assistance of counsel ...

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