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Assistance of Counsel Case Cites Arrainged by Subject Matter
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Subject Matter
Note: Cases have many issues not categorized. |
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Attorney v. Counsellor Mercer v. Watson, 1 Watts 330, Pa. (1833)
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Attorney who adopts and acts upon belief his client should be convicted fails in any meaningful sense as the government's adversary. United States v. Cronic, 466 U.S. 648, (1984)
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| Assistance of Counsel has "special value", affects the ability to assert any other rights. United States v. Cronic, 466 U.S. 648, (1984) | ||||||
| Clear absence of jurisdiction - Judge is civilly liable. Stump v. Sparkman, 435 U.S. 349,356,357, (1978) | ||||||
| Counsellors - Are Barristers or Sergeants State of Missouri v. Garesche, 36 Mo 256, (1865) | ||||||
| Court is not complete until Assistance of Counsel present (unless waived) Johnson v. Zerbst, 304 U.S. 458,467,468, (1938) | ||||||
| Court-Clear Absence of Jurisdiction unless Assistance of Counsel Present (unless waived). Johnson v. Zerbst, 304 U.S. 458,467,468, (1938) | ||||||
| Evidentiary hearing – when required Frazer v. United States, 18 F.3d 778 (9th Cir)(1994) | ||||||
| Indictment – good or bad – layman unable to determine usually Frazer v. United States, 18 F.3d 778 (9th Cir)(1994) Powell v. State of Alabama, 287 U.S. 45, 69 (1932) |
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| Judicial Lynching McSwean v. State, 57 So. 732 (1912) State v. Lattimar, 111 S.E. 510 (1922) |
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| Jurisdiction lost if no Assistance of Counsel (unless waived) Johnson v. Zerbst, 304 U.S. 458, 467,468 (1938) |
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| Jurisdictional prerequisite – having Assistance of Counsel (unless waived) Johnson v. Zerbst, 304 U.S. 458, 467,468 (1938) |
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| Judgment Void if no Assistance of Counsel Johnson v. Zerbst, 304 U.S. 458, 467,468 (1938) |
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| Right to Counsel means more that physically accompanied by person privileged to practice law United States v. Cronic, 466 U.S. 648 (1984) |
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| Sine qua non (Assistance of Counsel - indispensable requisite) Frazer v. United States, 18 F.3d 778 (9th Cir)(1994) |
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| Trial void if no Assistance of Counsel (unless waived) Johnson v. Zerbst, 304 U.S. 458, 467,468 (1938) |
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| Trial is not a sacrifice of unarmed prisoners to Gladiators United States v. Cronic, 466 U.S. 648 (1984) |
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| Trial is unfair if denied counsel at a critical stage of the Trial United States v. Cronic, 466 U.S. 648 (1984) |
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| Waiving Assistance of Counsel must be on the Record Johnson v. Zerbst, 304 U.S. 458, 467,468 (1938) |
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