ABA Journal

Sixth Amendment

51 ABA Journal Sixth Amendment articles.

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.

Appeals court upholds admission of inmate’s Comedy Central interview at his death penalty trial

A trial judge didn’t err by admitting footage of an inmate’s conversation with a Comedy Central comedian during the penalty phase of the inmate’s murder trial, the Texas Court of Criminal Appeals ruled last week.

Supreme Court should reverse decision in Texas ineffective counsel case, ABA says

The Texas Court of Criminal Appeals’ consideration of a Texas death row inmate’s case deviated from the U.S. Supreme Court’s prior instruction regarding ineffective assistance of counsel and conflicted with its precedents, the ABA told the Supreme Court on Thursday.

Ineffective counsel at two levels entitles death row inmate to new sentencing, 4th Circuit says

A federal appeals court has ruled that a death row inmate in South Carolina is entitled to a new sentencing hearing because of failures by his trial counsel and appellate counsel.

Unvaccinated lawyer has to wear mask at client’s trial after top state court refuses to intervene

A criminal defense lawyer in Augusta, Maine, has to wear a mask in his client’s jury trial this week after the state’s top court refused to consider his claim that the face covering would prejudice jurors.

Appeals court slams judge’s ‘utterly racist’ theory on Black defendant’s frontal lobes

A New York appeals court has reduced a burglary sentence because of “shocking” and “utterly racist” comments by a sentencing judge who said the disruptive Black defendant’s frontal lobes were likely “retarded in growth.”

Sotomayor accuses majority of ‘linguistic contortion’ in rejecting ineffective assistance claim in death penalty case

The U.S. Supreme Court has rejected the ineffective assistance claim of a death row inmate who didn’t call his lawyers to testify about their failure to hire an expert to assess him for an intellectual disability.

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