FACT OF THE DAY!

right to counsel

The sixth amendment gives you the right to retain counsel, so if you have the monies to pay for counsel, then no one can interfere with that right.  The right to counsel is generally regarded as a constituent of the right to a fair trial.

“Nevertheless, where the right to be assisted by counsel of one’s choice is wrongly denied, a Sixth Amendment violation occurs regardless of whether the alternate counsel retained was effective”.

Kaley v. United States

134 S. Ct. 1090 (2014)   Cited 248 times   13 Legal Analyses

Describing the “vital interest at stake” in “the constitutional right to retain counsel of their own choosing,” as described in Gonzalez-Lopez, 548 U.S. at 146-48,150, and explaining that, “having the ability to retain the counsel [they] believe to be best – and who might in fact be superior to any existing alternatives – matters profoundly”

 

Rivera v. Marcus

696 F.2d 1016 (2d Cir. 1982)   Cited 65 times   
    • personState, Provincial or Regional Government
    • personGovernment
Holding that Plaintiff, who provided foster care for her half brother and sister, had liberty interest in preserving familial relationship and that termination of foster care agreement with state—without any notice of reasons for termination or any opportunity to retain counsel or be heard in subsequent proceedings—violated her rights to procedural due process

 

U.S.
v.
Gonzalez-Lopez

Not overruled or negatively treated on appeal info Coverage
U.S. Supreme Court Jun 26, 2006
548 U.S. 140 (2006)

In sum, the right at stake here is the right to counsel of choice, not the right to a fair trial; and that right was violated because the deprivation of counsel was erroneous. No additional showing of prejudice is required to make the violation “complete.”

FACT OF THE DAY!

faceless

An example of a person that humbled me is a woman that came into the country illegally. Along the way she fought off a rapist, saved a person from getting murdered and when she got here, she bought her mother a house while she lived in attics and rented rooms.

FACT OF THE DAY!

angry manIrritability in men is often a result of high stress cortisol levels and low testosterone levels. Some men respond by acting out while others hold these feelings in and become depressed. Behaviors characteristic of men with Irritable Men Syndrome include: Angry.