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Trial: Right to Counsel (Charges (Capital (If the defendant is charged…
Trial: Right to Counsel
Duty to Investigate
Defense counsel must investigate the client’s case, regardless of...
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Charges
Capital
If the defendant is charged with a capital felony, then she is entitled to the effective assistance of counsel in state court. 6th Amend; Powell v. Alabama.
Preparation
Under due process, defense counsel must have "reasonable time" to mount a defense.
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Felony
If the defendant is charged with a felony then she has the right to counsel in state court, at the state’s expense. 6th Amend; Gideon v. Wainwright.
Applies
Even if the defendant does not ask for assistance or the defendant lacks the capacity to act in her own defense.
If the defendant is threatened with "actual imprisonment" for more than six months (not the same as threats, fines, fees or probation). Argersinger v. Hamlin; Scott v. Illinois.
Limitations
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No Assisting Perjury
The attorney’s duty of loyalty to the client is limited to legitimate, lawful conduct that is compatible with the search for truth.
The attorney does not fail to provide effective assistance of counsel when she only threatens to withdraw from the case to prevent perjury.
Perjury is not lawful conduct, so the lawyer cannot knowingly allow her client to lie on the stand. Nix v. Whiteside.
But, slight variations in the client’s account must be indulged by the lawyer, as long as the account versions are theoretically consistent.