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Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing
by Dale Chappell
An experienced Kentucky trial attorney who found himself on the wrong end of counsel’s table was granted a new trial by the U.S. Court of Appeals for the Sixth Circuit after the Kentucky Supreme Court ruled that he wasn’t entitled to the assistance of counsel simply ...
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More from this issue:
- News in Brief
- Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles, by Douglas Ankney
- Criticizing Cops is a Criminal Act in Many States, by Edward Lyon
- Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers, by Douglas Ankney
- The Many Pitfalls Associated With Police Lineups, by Edward Lyon
- Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation, by Derek Gilna
- If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer, by Douglas Ankney
- Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder
- New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
- Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez, by Chad Marks
- Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits
- Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs, by John W. Whitehead
- Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, by Dale Chappell
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- McDNA: The DNA Testing Equivalent to Fast Food, by Edward Lyon
- Kansas Supreme Court Overturns Sentence for Vindictiveness, by Anthony Accurso
- Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment, by Douglas Ankney
- DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases, by Steve Horn
- Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain, by Dale Chappell
- Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI, by Mark Wilson
- Intoxicated Driving Convictions for Non-Drinking Drivers, by Edward Lyon
- Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective, by Edward Lyon
- Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard, by Chad Marks
- Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing, by Dale Chappell
- NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements, by Douglas Ankney
- First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation, by Anthony Accurso
- Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement, by Matthew Clarke
- Knowing Sexual Offense Facts Important; Paying Attention to Them Critical, by Sandy Rozek
- Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause, by Douglas Ankney
- Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts, by Punch & Jurists
- When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
- Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court, by Douglas Ankney
- Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable, by David Reutter
- Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader, by Douglas Ankney
- The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions, by Chad Marks
- Portion of Illinois Sex Offender Law is Unconstitutional, by Douglas Ankney
- Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment, by Douglas Ankney
- First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful, by Douglas Ankney
- Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment, by David Reutter
- Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction, by Douglas Ankney
- Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas, by Michael Berk
- Misconduct by prosecutors is rampant — how do we deter it?, by Mike Fawer
- Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award, by Edward Lyon
- Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation, by Douglas Ankney
- Habeas Hints: Discovery on Habeas Corpus, by Tara Hoveland, Kent Russell
- Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right, by Douglas Ankney
- Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned, by Jack Gillum
More from Dale Chappell:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
More from these topics:
- Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, Dec. 15, 2024. Appointment of Counsel, After Request for Counsel, Pro Se Issues.
- $25 Million Contempt Fine Prompts Release of Pretrial Detainees from Philadelphia Lockups, Dec. 15, 2024. Appointment of Counsel, Contempt (Civil Procedure), Bail/Pretrial Release, Fines.
- Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, Dec. 1, 2024. Appointment of Counsel, Indigent Defense, Indigent Defendants - Fees and Expenses.
- In Oregon Case, Ninth Circuit Limits Pretrial Detention Without Counsel to Seven Days, Nov. 15, 2024. Appointment of Counsel, Pretrial Detention and Detainees, Speedy Trial Clock - Tolling of.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage, Jan. 1, 2024. Staffing, Exercise, Appointment of Counsel, Injunctions (PLRA), Preliminary Injunctions/TRO's, Class Actions, Right to Exercise.
- After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process, Dec. 15, 2023. Appointment of Counsel, Counsel - Right to.
- Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, April 15, 2023. Appointment of Counsel, Mental Health, Knowingly and Intelligently, Counsel - Right to.
- Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel, Aug. 15, 2022. Appointment of Counsel, Ends of Justice Continuances, Counsel - Effective Assistance of.
- Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel, May 1, 2022. Appointment of Counsel, Indigent Defendants - Fees and Expenses.