CrimProc Rules 3

  1. NY's indelible right to counsel when:
    in custody where police conduct likely to be overwhelming to a lay person and counsel requested

    investigatory lineups when defendant already represented, even in another matter

    appearance before grand jury


    post-indictment lineups

    pre-trial suppression hearings

    at trial

    at sentencing hearings

    where there is significant judicial activity.
  2. Constitutional right to counsel
    Right to counsel in:

    • felony cases
    • misdemeanors where incarceration is imposed

    Applicable at critical stages:

    • post-indictment lineups and identifications
    • custodial police interrogations
    • post-indictment interrogations
    • arraignment
    • guilty pleas and sentencing
    • appeals as a matter of right

    Waiver of right requires:

    • voluntary
    • knowing
    • intelligent
    • In NY, if already represented, must have attorney present at waiver.
  3. Breadth of invoking sixth amendment right
    Invoked sixth amendment right covers only the specific offense at issue in those proceedings (i.e., offenses are different under Blockburger test if they require proving different elements)
  4. Remedy for denial of counsel
    Conviction automatically reversed without shoing of specific unfairness.

    Guilty plea may be withdrawn

    Harmless error analysis if at a non-trial proceeding, such as a line-up
  5. Ineffective counsel
    Conviction will be reversed due to ineffective counsel if claimant shows:

    • counsel's representtation fell below objective standard of reasonableness
    • defendant experienced prejudice due to ineffective representation.
    • In NY, must showw that outcome would have been different but for the deficiency
Card Set
CrimProc Rules 3
Sixth Amendment - right to public trial, right to confront, right to be present, right to counsel.