Which U.S. Supreme Court case ruled that all felony defendants have a right to counsel?
OverviewThe Sixth Amendment right to counsel exists in all felony cases. Gideon v. Wainwright, 372 U.S. 335 (1963). This right attaches regardless of the punishment that is authorized or imposed for the offense. An indigent defendant charged with a capital crime is statutorily entitled to the appointment of two attorneys to represent him or her at trial and in post-conviction proceedings. See G.S. 7A-450(b1) (trial); G.S. 7A-451(c), (c1) (post-conviction). A statutory right to counsel also exists in all felony cases, and in any misdemeanor cases in which imprisonment or a fine of $500 or more “is likely” to be adjudged. G.S. 7A-451(a)(1). Show
A sentence of imprisonment for a conviction of a misdemeanor cannot be imposed when an indigent defendant has been denied counsel. Argersinger v. Hamlin, 407 U.S. 25 (1972); Scott v. Illinois, 440 U.S. 367 (1979) (Sixth Amendment right to appointed counsel in misdemeanor cases is limited to those cases in which an indigent defendant is actually sentenced to jail); Nichols v. United States, 511 U.S. 738 (1994) (court overruled Baldasar v. Illinois, 446 U.S. 222 (1980), and ruled that an uncounseled misdemeanor conviction, when no active sentence imposed, is valid for later use as a prior conviction). The United States Supreme Court ruled in Alabama v. Shelton, 535 U.S. 654 (2002), that a defendant has a Sixth Amendment right to counsel at a misdemeanor trial in which the sentence for a conviction includes a suspended sentence. Thus, a judge may not impose a suspended sentence after a trial without counsel for a misdemeanor unless: (1) an indigent defendant has waived his or her right to the assistance of counsel and the right to appointed counsel, or (2) a non-indigent defendant has waived the right to the assistance of counsel. As a result, upon conviction of a misdemeanor, including a traffic misdemeanor such as speeding more than 15 miles over the speed limit, a judge may not constitutionally impose a suspended sentence unless the defendant was represented by counsel or properly waived counsel. A judge does not, however, violate a defendant’s Sixth Amendment right to counsel if the judge orders a fine, costs, or restitution without counsel or waiver of counsel—as long as a suspended sentence is not also imposed. A suspended sentence imposed in violation of Alabama v. Shelton may not subsequently be activated. See also State v. Neeley, 307 N.C. 247 (1982) (where record was silent as to whether the alleged indigent defendant was afforded counsel when he pled guilty, trial court should not have imposed active prison sentence on defendant). Right to Counsel at “Critical Stages”The Sixth Amendment grants a defendant the right to the presence of counsel at trial and at each “critical stage” of a trial proceeding. United States v. Wade, 388 U.S. 218 (1967); Gilbert v. California, 388 U.S. 263 (1967). “Critical stages” under the Sixth Amendment occur after a defendant has been formally charged. Kirby v. Illinois, 406 U.S. 682 (1972); State v. McDowell, 301 N.C. 279 (1980). A “critical stage” includes any proceeding where there is a potential for substantial prejudice to the defendant’s rights, and the assistance of counsel could help avoid that prejudice. See Coleman v. Alabama, 399 U.S. 1 (1970); State v. Robinson, 290 N.C. 56 (1976). Critical stages include both pretrial and trial proceedings, but generally end upon judgment and sentence at the trial level. But see Mempa v. Rhay, 389 U.S. 128 (1967) (trial judge placed defendant on probation without fixing term of imprisonment; subsequent probation revocation proceeding at which judge determined and imposed sentence was form of deferred sentencing, and defendant had Sixth Amendment right to counsel); 3 LAFAVE, CRIMINAL PROCEDURE § 11.2(b), at 624 (certain post-verdict motions made immediately after conclusion of trial are extension of trial proceedings and should be treated as subject to Sixth Amendment). Constitutional provisions other than the Sixth Amendment afford defendants additional rights to counsel after judgment and sentence at trial. For example, a person has a due process right to counsel for a first appeal of right. A defendant has statutory rights to counsel after judgment and sentence at the trial level, including the right to counsel for probation revocation proceedings, post-conviction motions, and additional appeals. Common Proceedings Where Right to Counsel Does ApplyG.S. 7A-451(b) states that entitlement to court-appointed counsel and other assistance at court proceedings begins “as soon as feasible” after an indigent defendant is arrested or served with a criminal charge. This provision does not confer a right to counsel at the initial appearance (G.S. 15A-511(b)) or first appearance (G.S. 15A-601) (see discussion in Section D, below), but the Sixth Amendment right to counsel does attach at all “critical stages” of a prosecution. According to G.S. 7A-451(b), critical stages entitling a defendant the right to counsel include the following:
Common Proceedings Where Right to Counsel Does Not Apply
Right to Counsel in Contempt Proceedings:Criminal contempt is intended to punish a person for a past act in violation of a court order. There are three different types of criminal contempt proceedings:
Which Supreme Court case is associated with right to counsel?Gideon v. Wainwright. A case in which the Court held that the Sixth and Fourteenth Amendments guarantee a right of legal counsel to anyone accused of a crime.
Which US Supreme Court case ruled that all felony defendants have a right to counsel quizlet?Gideon v. Wainwright made the right to counsel provided in the Sixth Amendment applicable to the states through the Fourteenth Amendment. was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution, specifically the right of defendants in criminal cases to a speedy trial.
Which US Supreme Court case centers upon the 6th Amendment right to counsel?Wainwright (1963) Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts? This is the question taken up by the Supreme Court in the l...
Which landmark ruling of the US Supreme Court granted the right to counsel in criminal trials even if defendants Cannot afford it?Wainwright, 372 U.S. 335 (1963) In a unanimous decision, the Supreme Court established that the Fourteenth Amendment creates a right for criminal defendants who cannot pay for their own lawyers to have the state appoint attorneys on their behalf.
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