Term
| The 6th Amendment guarantees |
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Definition
| Interrogation phase, trial, sentencing, initial appeal |
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Term
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Definition
| pleas, waiver of trial, testify, whether to appeal |
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Term
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Definition
| witnesses, cross, voir dire, motions, evidence |
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Term
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Definition
| trial counsel's failure to ask for certain evidence does not equal ineffective assistance. Decisions of trial strategy up to attorney. |
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Term
| Faretta v. California (1975) |
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Definition
| state cannot force attorney upon someone when they knowingly intelligently waive the right to counsel. |
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Term
| McKaskle v. Wiggins (1984) |
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Definition
| appointment of stand-by counsel over the objection of the defendant does not violate right to self-representaion |
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Term
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Definition
defense counsel
“No decision of this Court suggests that an indigent defendant has a constitutional right to compel appointed counsel to press nonfrivolous points requested by the client, if counsel, as a matter of professional judgment, decides not to present those points |
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Term
| Reviere v. State, (1998)(GA) |
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Definition
| a defendant cannot complain of lack of counsel when he chose not to have counsel |
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Term
| Weldon v. State (2000)(GA) |
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Definition
| No right of defendant to act as co-counsel |
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Term
| Walker v. State (2010)(GA) |
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Definition
| Competency hearing is only necessary when the court has reason to believe the defendant is incompetent, where defendant alleged he was incompetent to waive counsel |
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Term
| Lamar v. State (2004)(GA) |
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Definition
| Defendant who chooses to go pro se waives right to counsel. Test is whether the waiver is knowing/voluntary/intelligent waiver. not hat they are capable of defending themselves. |
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Term
| Winston v. State, (2004)(GA) |
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Definition
| on appeal the state bears the burden of demonstrating a valid waiver of counsel |
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Term
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Definition
| self representation is at def. own risk; 6th amendment doesn't require the trial court to give a thorough admonishment of regarding the usefulness of an attorney |
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