ABA Journal

Sixth Amendment

57 ABA Journal Sixth Amendment articles.

12-person juries are constitutionally required in serious criminal cases, Gorsuch argues

U.S. Supreme Court Justices Neil Gorsuch and Brett Kavanaugh dissented Monday, when the Supreme Court turned down an appeal that challenges the use of eight-person juries in serious criminal cases.

Ban on nonunanimous juries is not retroactive in Louisiana, top state court says

The Louisiana Supreme Court ruled Friday that inmates convicted by nonunanimous juries can’t challenge their convictions if they were final before the U.S. Supreme Court held that the Sixth Amendment required jury unanimity to convict in serious cases—in federal and state courts.

DOJ report explains why jailhouse informant program violated defendants’ constitutional rights

A jailhouse informant program in Orange County, California, violated the constitutional rights of criminal defendants because of jailers’ involvement, according to a long-awaited report by the U.S. Department of Justice.

Federal judge orders district attorney to write apology letters to families of murder victims

A federal judge has ordered Philadelphia District Attorney Larry Krasner to write apology letters to the families of the victims of a double murder after concluding that supervisors in his office made misleading statements to the court.

Defendants waiting too long for public defenders are entitled to dismissal of charges, suit says

Eight Wisconsin plaintiffs who have waited weeks or even months for appointed lawyers have filed a class action lawsuit claiming a violation of their right to counsel under the federal and state constitutions.

New York attorney general’s actions over rape case are ‘a sinister abuse,’ dissenting judge says

In a scathing dissent, a federal appellate judge admonished the New York attorney general’s office for defending a conviction in a 2009 rape case.

Sotomayor argues Texas court defied SCOTUS ruling in ineffective counsel case

The U.S. Supreme Court on Monday refused to hear the case of a death row inmate who successfully argued two years ago that he received ineffective assistance of counsel.

Chemerinsky: Supreme Court imposes further restrictions on habeas corpus

If Justice Neil Gorsuch’s reasoning in Brown v. Davenport is followed, it will almost eliminate the ability of those convicted to ever bring a habeas corpus petition.

Supreme Court decision is an impediment for defendants who ‘lost the lawyer lottery twice’

The U.S. Supreme Court ruled Monday that Arizona habeas defendants who claim that their trial and postconviction counsel were ineffective can’t introduce evidence outside the state-court record to prove that their first lawyer botched the case.

Judge’s COVID-19 protocols violated defendant’s right to a public trial, 9th Circuit rules

A federal appeals court ruled Monday that a defendant’s Sixth Amendment right to a public trial was violated when a trial judge allowed an audio stream but not video access to the proceedings.

Appeals court sides with judge who muted man during remote sentencing

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

Convicted Boston Marathon bomber got a fair trial, Supreme Court rules in reinstating his capital sentence

The U.S. Supreme Court on Friday reinstated the death penalty for Dzhokhar Tsarnaev, convicted in the 2013 Boston Marathon bombing that killed three people, wounded 260 others and led to the fatal shooting of a police officer.

‘Father of Miranda’ Yale Kamisar dies at 92

Yale Kamisar, a professor at the University of Michigan Law School who influenced landmark U.S. Supreme Court decisions on the rights of criminal defendants, has died at age 92.

Video testimony violated defendant’s Sixth Amendment right of confrontation, top state court rules

A recent decision on video testimony by the Missouri Supreme Court is raising questions about criminal convictions obtained using video testimony during the COVID-19 pandemic.

‘Opening the door’ rule violated defendant’s rights under Sixth Amendment’s confrontation clause, SCOTUS says

The U.S. Supreme Court ruled Thursday that a New York’s “opening the door” rule violated a defendant’s rights under the Sixth Amendment’s confrontation clause.

Read more ...