Right to Counsel and Effective Assistance of Counsel

• Author: Mark G. Daniel/Robert K. Gill
• Pages: 181-224

4-1

Chapter 4

Right to Counsel and

Effective Assistance of

Counsel

Table of Contents

§4:10 Constitutional and Statutory Provisions

§4:20 Right to Counsel in General

§4:30 Fifth Amendment Right to Counsel

§4:31 Invocation of Fifth Amendment Right to Counsel

§4:31.1 Equivocal Invocation of Fifth Amendment Right

§4:31.2 Sufficient Invocation of Right to Counsel

§4:31.3 Insufficient Invocation of Right to Counsel

§4:31.4 Limited Invocation

§4:31.5 Invocation of Right by Suspect’s Attorney

§4:31.6 Reinitiation of Communication by the Accused

§4:31.7 When Officers Can Reapproach Suspect

§4:32 Waiver of Fifth Amendment Right to Counsel

§4:32.1 Valid Waivers

§4:32.2 Invalid Waivers

§4:40 Sixth Amendment Right to Counsel

§4:41 Invocation of Sixth Amendment Right to Counsel

§4:42 Waiver of Sixth Amendment Right to Counsel

§4:42.1 Valid Waivers

§4:42.2 Invalid Waivers

§4:43 Sixth Amendment Critical Stage Analysis

§4:43.1 Photographic Identification

§4:43.2 Police Lineup

§4:43.3 Handwriting and Voice Exemplars

§4:43.4 Dental Impressions

§4:43.5 Breath Tests and DWI Videotapes

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§4:43.6 Confessions

§4:43.7 Arrest

§4:43.8 Arraignment

§4:43.9 Filing of Charges

§4:43.10 Examining Trials and Preliminary Hearings

§4:43.11 Indigency Hearings

§4:43.12 Psychiatric and Competency Examinations

§4:43.13 Trial

§4:43.14 Revocation of Probation

§4:43.15 Contempt Proceedings

§4:43.16 Motions for New Trial

§4:43.17 Appeals

§4:43.18 Discretionary Review

§4:43.19 Juvenile Proceedings

§4:43.20 Guilty Pleas

§4:44 Remedy for Sixth Amendment Violations

§4:50 Trial Court Duty to Appoint Counsel

§4:51 Statutory Provisions

§4:52 Right to Appointment of Counsel in General

§4:52.1 Ten-Day Rule

§4:53 Establishing Indigence

§4:54 Assessing Costs for Court-Appointed Counsel

§4:55 Forms for Court-Appointed Counsel

§4:60 Conflicts of Interest

§4:61 Waiver of Conflicts of Interest

§4:62 Situations Where Conflict Is Presented

§4:63 Situations Where No Conflict Is Presented

§4:64 Duty of Trial Court

§4:65 Duty of Counsel

§4:66 Replacement or Withdrawal of Counsel

§4:67 Disqualification of Counsel

§4:70 Right to Self-Representation

§4:71 Statutory Provisions

§4:72 In General

§4:73 Waiver of Right to Counsel

§4:74 Duty of the Trial Court

§4:74.1 Valid Waivers of Counsel

§4:74.2 Invalid Waivers of Counsel

§4:74.3 Waiver of Waiver of Right to Counsel

4-3 R  C  E A  C

§4:75 Failure of Non-Indigent Defendant to Retain Counsel

§4:76 Stand-By Counsel

§4:80 Right to Counsel at Administrative and Prison Hearings

§4:90 Right to Effective Assistance of Counsel

§4:91 In General

§4:92 Defendant’s Burden

§4:93 Duty of Counsel

§4:94 Raising Issue of Ineffective Counsel

§4:95 Ineffective Counsel

§4:95.1 Failure to Conduct Investigation

§4:95.2 Failure to Conduct Discovery

§4:95.3 Failure to Properly Carry Out Plea Bargaining

§4:95.4 Failure to Properly Advise on Guilty Pleas

§4:95.5 Failure to Properly Conduct Jury Selection

§4:95.6 Failure to Interview and Present Witnesses

§4:95.7 Improper Handling of Evidentiary Matters

§4:95.8 Improperly Handling Jury Charge

§4:95.9 Improper Handling of Punishment Phase

§4:95.10 Probation Revocations

§4:95.11 Appellate Matters

§4:95.12 Attorney-Client Relations