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| Jury trial right incorporated as fundamental/basic, essential to fair trial |
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| does state practice “offend some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental”? |
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| Lawyers essential to fair trial. Read to cover all felonies, Duncan extends to non-petty misdemeanors (>6mo). Argersinger says can’t be imprisoned without representation at trial. |
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| Argersinger right to counsel only applies when imprisonment actually imposed (not merely possible) |
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| Can't grant appellate review in a way that discriminates towards poverty, so must provide counsel for first appeal |
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| Declines to extend Douglas/Griffin right to appellate counsel to discretionary appeals/petitions for cert. |
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| Implicit in 6th amdt, doesn't apply on appeal, stand-by counsel can be appointed |
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| Defendant must knowingly and intelligently waive right to counsel, bears consequences personally, not unqualified right |
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| Ethical rules prohibit use of false/perjured evidence. Can tell court or withdraw. |
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| Competence to Stand Trial |
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| Rational and Factual understanding of proceedings. Waiver of counsel and plea must be knowing and voluntary. |
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| Deficiency & Prejudice (Reasonable probability that but for errors result would have been different) |
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| Government can detain for non-flight reasons. Regulatory rather than punitive detention. |
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| Refrain from prosecuting a charge that prosecutor knows is not supported by probable cause. (Ethical standard) |
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| Selective prosecution. Must show that persons of a different race were not also prosecuted. Discriminatory purpose and effect. |
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| Presumption of vindictiveness if prosecutor increases charge on retrial after appeal. Must prove actual vindictiveness for exercising rights if pre-conviction change. |
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| Must provide counsel at preliminary hearing as a critical stage. |
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| Grand Juries are independent of the court and the court cannot order presentation of exculpatory evidence to them. |
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| 5th amdt protects anything that would furnish a link in the chain of evidence. Reasonable cause to apprehend danger, evident from implications of question in setting asked that explanation might be dangerous. |
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| suppression of evidence favorable to accused, material to guilt or punishment, due process violation |
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| After review of entire record, does omitted evidence create reasonable doubt that did not otherwise exist? |
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| Absent bad faith, failure to preserve evidence is not a violation of due process. |
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| 5th amdt does not entitle a defendant in a criminal trial to refuse to provide details of his alibi witnesses to the prosecution |
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| Rule 8(a) Joinder of Offenses |
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Definition
| same or similar character, based on same act or transaction, connected with or constitute parts of a common scheme or plan |
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| Rule 8(b) Joinder of Defendants |
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| participated in same act or transaction or series of acts or transactions, may be charged in one or more counts together or separately |
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| Where joinder will cause prejudice |
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| Possible prejudice in joinder: difficulty in presenting 2 different defenses, inference of guilt of one crime based on others, cumulative evidence, latent feeling of hostility |
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| Speedy Trial Balancing Test: Length of delay, justification for delay, assertion of right, prejudice to defendant. No strict timeline but 1yr suggested in Doggett. |
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| Is Plea Voluntary and Intelligent (sufficient awareness of relevant circumstances and likely consequences) |
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| Express admission of guilt not constitutionally required to accept plea, but still need factual basis unlike nolo contendere. |
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| Counsel has duty to communicate plea offers. for IAC prejudice must show reasonable probability that they would have accepted plea and it would have been entered without prosecutor or court withdrawing. |
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| If offer rejected based on bad advice, must show plea would have been accepted and consequences were less severe. Order state to reoffer. |
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| Increasing charge on rejection of plea offer is not Blackledge vindictiveness. Deterrence vs. retaliation for exercising rights. |
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| Court says plea bargaining should be encouraged, when pleas rests on promise, promise must be fulfilled. |
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| If defendant breaches plea agreement, he is not entitled to agreed upon rec. |
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| Plea is still intelligent even if counsel misjudges admissibility of evidence (coerced confession) unless it amounts to Strickland IAC. |
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| Fair Cross-Section requirement: Distinctive group, was Underrepresented, because of Systematic exclusion, exclusion may be justified by significant state interest, applies to venire, not seated jury. |
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| Need to allow to ask about race in voir dire if there's a significant likelihood racial bias will effect the trial |
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| Can't generally exclude based solely on group-implied bias. |
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| Prima facie showing of discrimination, Burden shifts to prosecutor to give non-racial explanation, Trial court decides if defendant has proved discrimination |
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| If the record discloses any possibility that request to discharge stems from juror’s view of evidence, rather than nullification, then must deny. |
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| Preference for face-to-face confrontation may give way to public policy, necessities of case. |
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| Out of court testimonial statements admitted under hearsay exceptions are violation of confrontation clause, absent prior opportunity to cross examine. |
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| Primary Purpose test for testimonial hearsay: Objective looking at both declarant and interrogator, formality, gun. |
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| Bruton rule disallows use of codefendant confessions in joint trial, even when both confess. |
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| Redaction isn't enough to solve Bruton problem |
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| Can't comment on defendant's decision not to testify |
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| Historically wide discretion for sentencing |
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| Sentencing factor, rather than element analysis (later overturned in Apprendi/Alleyne) |
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| Prior conviction is a sentencing factor judge can consider without finding by jury. |
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| Any fact that increases maximum penalty, except for prior conviction, must be proved by jury |
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| Maximum for Apprendi is max a judge could impose based solely on facts from jury verdict |
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| Mandatory sentencing guidelines violate 6th amdt under Apprendi, so Breyer says guidelines aren't mandatory. |
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| Whether each offense requires proof of a fact which the other does not (non-overlapping elements) |
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| Lesser included offense is same statutory crime. Can't divide ongoing crime into serious of temporal events |
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| Blockburger test can't subvert clear legislative intent for cumulative punishment |
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| Can't try again after acquittal. Full stop. |
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| Facts necessarily found by jury as part of verdict cannot be relitigated (collateral estoppel/issue preclusion) |
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| Jury should only be discharged before verdict in very extraordinary and striking circumstances. "Manifest Necessity" |
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| Sufficiency of Evidence appeal. Court looks at all evidence in light most favorable to State to see whether any rational trier of fact could have found essential elements beyond a reasonable doubt. |
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| Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded |
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| Distinguishment between “trial errors” and “structural defects”, all trial errors subject to harmless error analysis |
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| Habeas based on procedural default. Need to show Cause of noncompliance and Prejudice. |
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| Claim being unsupported by precedent is insufficient cause for procedural default. |
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