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Edwards v. Arizona, No. 79-5269 (U.S. Supreme Court) (451 U.S. 477; 101 S.Ct. 1880) (May 18, 1981) (Justice White)

Article • May 26, 2009

Filed under: Punch And Jurists, After Request for Counsel

Edwards v. Arizona, No. 79-5269 (U.S. Supreme Court) (451 U.S. 477; 101 S.Ct. 1880) (May 18, 1981) (Justice White) by In this case, the defendant was arrested at his home and taken to a police station where an officer informed him of his Miranda rights. The defendant asserted his right …

Michigan v. Jackson, No. 84-1531 (U.S. Supreme Court) (475 U.S. 625; 106 S.Ct. 1404) (April 1, 1986) (Justice Stevens)

Article • May 26, 2009

Filed under: Punch And Jurists, After Request for Counsel

Michigan v. Jackson, No. 84-1531 (U.S. Supreme Court) (475 U.S. 625; 106 S.Ct. 1404) (April 1, 1986) (Justice Stevens) by In Edwards v Arizona, 451 US 477 (1981), the Supreme Court held that an accused person in custody who has "expressed his desire to deal with the police only through …

Montejo v. Louisiana, No. 07-1529 (U.S. Supreme Court) (556 U.S. 778; 129 S.Ct. 2079) (May 26, 2009) (Justice Scalia)

Article • April 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, After Request for Counsel

Montejo v. Louisiana, No. 07-1529 (U.S. Supreme Court) (556 U.S. 778; 129 S.Ct. 2079) (May 26, 2009) (Justice Scalia) by In a ruling that epitomizes the Supreme Court’s current conservative-versus-liberal alignment of Justices, a 5-4 majority overruled the Court’s 23-year-old holding in Michigan v. Jackson, 475 U.S. 625 (1986) and …

U.S. v. Robinson, No. 08-10424 (5th Cir.) (542 F.3d 1045) (September 10, 2008) (Judge Thomas M. Reavley)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Counsel - Right to

U.S. v. Robinson, No. 08-10424 (5th Cir.) (542 F.3d 1045) (September 10, 2008) (Judge Thomas M. Reavley) by Here the Fifth Circuit held that an inmate seeking a sentence reduction under the recent, retroactive crack-cocaine amendment to the Guidelines had a right to the appointment of counsel “in the interest …

U.S. v. Gonzalez-Lopez, No. 03-3487 (8th Cir.) (399 F.3d 924) (March 8, 2005) (Judge Kermit Edward Bye)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Counsel - Constructive denial of

U.S. v. Gonzalez-Lopez, No. 03-3487 (8th Cir.) (399 F.3d 924) (March 8, 2005) (Judge Kermit Edward Bye) by Defendant was convicted by a jury in the United States District Court for the Eastern District of Missouri of conspiring to distribute more than 100 kilograms of marijuana. On appeal, defendant argued …

Gideon v. Wainwright, No. 155 (U.S. Supreme Court) (372 U.S. 335; 83 S.Ct. 792) (March 18, 2063) (Justice Black)

Article • August 5, 2005

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

Gideon v. Wainwright, No. 155 (U.S. Supreme Court) (372 U.S. 335; 83 S.Ct. 792) (March 18, 2063) (Justice Black) by In this case, a unanimous Court held "that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be …

U.S. v. Cronic, No. 82-660 (U.S. Supreme Court) (466 U.S. 648; 104 S.Ct. 2039) (May 14, 1984) (Justice Stevens)

Article • April 26, 2004

Filed under: Punch And Jurists, Counsel - Constructive denial of

U.S. v. Cronic, No. 82-660 (U.S. Supreme Court) (466 U.S. 648; 104 S.Ct. 2039) (May 14, 1984) (Justice Stevens) by This seminal case set the standard for determining when there has been a complete denial of a defendant's right to effective assistance of counsel, in which case there is a …

Cockrell v. Burdine, No. 01-495 (U.S. Supreme Court) (535 U.S. 1120; 122 S.Ct. 2347) (June 3, 2002) (Per Curiam)

Article • June 9, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Counsel - Constructive denial of

Cockrell v. Burdine, No. 01-495 (U.S. Supreme Court) (535 U.S. 1120; 122 S.Ct. 2347) (June 3, 2002) (Per Curiam) by Several times in the past few years we have commented on some of the prior appeals in this well-publicized capital case, which has become known in the press as the …

Scott v. Illinois, No. 77-1177 (U.S. Supreme Court) (440 U.S. 367; 99 S.Ct. 1158) (March 5, 1979) (Justice Rehnquist)

Article • May 21, 2002

Filed under: Punch And Jurists, Misdemeanor Offenses

Scott v. Illinois, No. 77-1177 (U.S. Supreme Court) (440 U.S. 367; 99 S.Ct. 1158) (March 5, 1979) (Justice Rehnquist) by Here the Court held that the 6th and 14th Amendments "require only that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him …

Argersinger v. Hamlin, No. 70-5015 (U.S. Supreme Court) (407 U.S. 25; 92 S.Ct. 2006) (June 12, 1972) (Justice Douglas)

Article • May 21, 2002

Filed under: Punch And Jurists, Misdemeanor Offenses

Argersinger v. Hamlin, No. 70-5015 (U.S. Supreme Court) (407 U.S. 25; 92 S.Ct. 2006) (June 12, 1972) (Justice Douglas) by Here the Court held that the right to counsel applies to any offense - misdemeanor or felony - for which a term of imprisonment is imposed; and that the right …

Bell v. Cone, No. 01-400 (U.S. Supreme Court) (535 U.S. 685; 122 S.Ct. 1843) (May 28, 2002) (Justice Rehnquist)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Counsel - Constructive denial of

Bell v. Cone, No. 01-400 (U.S. Supreme Court) (535 U.S. 685; 122 S.Ct. 1843) (May 28, 2002) (Justice Rehnquist) by Here, by a vote of 8 to 1, the Court reversed the grant of habeas relief to a capital defendant whose counsel did nothing at his original hearing, principally on …

Alabama v. Shelton, No. 00-1214 (U.S. Supreme Court) (535 U.S. 654; 122 S.Ct. 1764) (May 20, 2002) (Justice Ginsburg)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Misdemeanor Offenses

Alabama v. Shelton, No. 00-1214 (U.S. Supreme Court) (535 U.S. 654; 122 S.Ct. 1764) (May 20, 2002) (Justice Ginsburg) by Here a sharply divided Supreme Court held that an indigent defendant has a right to court appointed counsel even in misdemeanor cases that result in a suspended sentence - a …

Geders v. U.S., No. 74-5968 (U.S. Supreme Court) (425 U.S. 80; 96 S.Ct. 1330) (March 30, 1976) (Justice Burger)

Article • November 25, 2001

Filed under: Punch And Jurists, Counsel - Constructive denial of

Geders v. U.S., No. 74-5968 (U.S. Supreme Court) (425 U.S. 80; 96 S.Ct. 1330) (March 30, 1976) (Justice Burger) by Here the Court held that a defendant's Sixth Amendment right to effective assistance of counsel was violated when the trial court prohibited him from consulting with his counsel during a …

Green v. U.S., No. 00-2624 (8th Cir.) (262 F.3d 715) (August 17, 2001) (Judge Morris Sheppard Arnold)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

Green v. U.S., No. 00-2624 (8th Cir.) (262 F.3d 715) (August 17, 2001) (Judge Morris Sheppard Arnold) by The petitioner in this case, Mack Green, sought to challenge his conviction and sentence pursuant to 28 U.S.C. § 2255. As part of that proceeding, he applied for in forma pauperis status. …

Mitchell v. Mason, No. 99-1839 (6th Cir.) (257 F.3d 554) (July 12, 2001) (Judge Karen Nelson Moore)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Counsel - Constructive denial of

Mitchell v. Mason, No. 99-1839 (6th Cir.) (257 F.3d 554) (July 12, 2001) (Judge Karen Nelson Moore) by In this case, the habeas petitioner argued that he was entitled to a presumption of ineffective assistance of counsel where the record indicated that his trial counsel had consulted with him for …

Cone v. Bell, No. 99-5279 (6th Cir.) (243 F.3d 961) (March 22, 2001) (Judge James L. Ryan)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Counsel - Constructive denial of

Cone v. Bell, No. 99-5279 (6th Cir.) (243 F.3d 961) (March 22, 2001) (Judge James L. Ryan) by Here the Court granted habeas relief to the Petitioner after concluding that he was denied the effective assistance of counsel in death penalty case under the Sixth Amendment where, at sentencing, his …

U.S. v. Ash, No. 71-1255 (U.S. Supreme Court) (413 U.S. 300; 93 S.Ct. 2568) (June 21, 1973) (Justice Blackmun)

Article • September 4, 2000

Filed under: Punch And Jurists, Identification Procedures and Claims

U.S. v. Ash, No. 71-1255 (U.S. Supreme Court) (413 U.S. 300; 93 S.Ct. 2568) (June 21, 1973) (Justice Blackmun) by Here the Court held that the Sixth Amendment does not grant an accused the right to have counsel present when the Government conducts a post-indictment photographic display for the purpose …

Nichols v. U.S., No. 92-8556 (U.S. Supreme Court) (511 U.S. 738; 114 S.Ct. 1921) (June 6, 1994) (Justice Rehnquist)

Article • July 2, 2000

Filed under: Punch And Jurists, Misdemeanor Offenses

Nichols v. U.S., No. 92-8556 (U.S. Supreme Court) (511 U.S. 738; 114 S.Ct. 1921) (June 6, 1994) (Justice Rehnquist) by In this case, after petitioner Nichols pleaded guilty to federal felony drug charges, he was assessed criminal history points under the United States Sentencing Guidelines, including one point for a …

Baldasar v. Illinois, No. 77-6219 (U.S. Supreme Court) (446 U.S. 222; 100 S.Ct. 1585) (April 22, 1980) (Per Curiam)

Article • July 2, 2000

Filed under: Punch And Jurists, Misdemeanor Offenses

Baldasar v. Illinois, No. 77-6219 (U.S. Supreme Court) (446 U.S. 222; 100 S.Ct. 1585) (April 22, 1980) (Per Curiam) by Here a divided court held that the Constitution prohibits a sentencing court from considering a defendant's previous uncounseled misdemeanor conviction in sentencing him for a subsequent offense. One year after …

Perry v. Leeke, No. 87-6325 (U.S. Supreme Court) (488 U.S. 272; 109 S.Ct. 594) (January 10, 1989) (Justice Stevens)

Article • June 23, 2000

Filed under: Punch And Jurists, Counsel - Constructive denial of

Perry v. Leeke, No. 87-6325 (U.S. Supreme Court) (488 U.S. 272; 109 S.Ct. 594) (January 10, 1989) (Justice Stevens) by Here the Court held that a trial court's order directing that the defendant not consult with his counsel during a 15-minute recess in the trial was permissible, stating that: "The …