Sixth Amendment

News & Analysis as of

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of...

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of...more

The Right to Effective Assistance of Counsel During Sentencing

The U.S. Supreme Court has long interpreted the Sixth Amendment to embody a right to effective assistance of counsel, which includes the right to effective assistance during sentencing. There have been several important cases...more

When New Supreme Court Rulings Do Not Apply Retroactively

In Padilla v. Kentucky, the U.S. Supreme Court ruled that an ineffective assistance of counsel claim under the Sixth Amendment could be based on a defense attorney’s failure to apprise a criminal defendant of the immigration...more

Holding of Padilla v. Kentucky to be Incorporated Into Federal Rules of Criminal Procedure

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of...more

Q&A with West Allen: The Lasting Damage to U.S. ?Courts due to the Government Shutdown

Last July, Lewis Roca Rothgerber attorney West Allen testified before the U.S. Senate Judiciary ?Subcommittee on Bankruptcy and the Courts on the negative effects that automatic spending cuts, ?or budget sequestration, would...more

State v. Miller – New Jersey Supreme Court Gives Short Shrift to Right to Counsel

No person, rich or poor, guilty or not guilty, should be forced to endure the rigors and risks of a criminal trial the very same day he is introduced to his attorney. No attorney can ever be prepared adequately to try a case...more

Short Wins - More On The Federal Defender Budget Mess And The Withering Sixth Amendment

Two wins in the Eighth Circuit - nice. Other than that, it's a whole lot of resentencing news. In news related to last week's short wins post, though, where I lamented that Assistant Federal Public Defenders will be...more

Short Wins - A Remand In An Export Control Case

There's only one published win in the last week for a criminal defendant in our federal circuit courts. Gotta love a good case involving the Munitions List....more

11th Circuit Case Signals Split on Law vs. Regulation vs. … Contract?

On February 22, 2013, the U.S. Court of Appeals for the Eleventh Circuit vacated the smuggling and conspiracy convictions of two importers of allegedly tainted cheese products in the case of United States of America v. Yuri...more

Post-Conviction Relief: A Second Look At Conviction

According to The Innocence Project, nobody knows just how many innocent people are sitting in prison after being wrongly convicted. This organization works tirelessly with defendants who believe they were wrongly convicted to...more

Why Are The Miranda Rights Important?

The Miranda rights, also known as the Miranda warning, are read to people upon arrest. Police and other law enforcement personnel are required to read or recite this warning to suspected criminals to ensure that their rights...more

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