(12) Sixth Amendment - Indigent Defendants, Effective Counsel, Waiver of Counsel

What additional protections must the state provide to an indigent defendant besides appointed counsel?

The state must provide the necessities required for a meaningful defense and appeal.

What necessities must generally be provided to an indigent defendant?

Transcripts, expert witnesses when necessary, access to the courts, and preparation aid.

Does an indigent defendant have a right to appointed counsel on the first appeal as of right?

Yes.

Does an indigent defendant have a constitutional right to appointed counsel for discretionary appeals or post-conviction proceedings?

No.

When is an indigent defendant entitled to a court-appointed psychiatric expert?

When the defendant makes a sufficient showing that sanity is likely to be a significant issue at trial.

What does the Sixth Amendment guarantee regarding the quality of representation?

The right to the effective assistance of counsel.

What is the general standard for ineffective assistance of counsel?

Whether counsel's representation fell below an objective standard of reasonableness.

What are the two elements required to prove ineffective assistance of counsel?

(1) Deficient performance by counsel, and (2) resulting prejudice.

What constitutes deficient performance under the ineffective assistance test?

Representation falling below an objective standard of reasonable professional performance.

How is prejudice established under the ineffective assistance test?

There must be a reasonable probability that, but for counsel's deficient performance, the result of the proceeding would have been different.

Must both deficient performance and prejudice be proven?

Yes.

Does the Sixth Amendment right to effective counsel extend to plea bargaining?

Yes.

Does ineffective assistance include failure to properly communicate or advise regarding plea offers?

Yes.

Does joint representation automatically constitute ineffective assistance of counsel?

No.

When does joint representation become ineffective assistance?

When counsel actively represents conflicting interests that adversely affect representation.

May an attorney refuse to assist a defendant in presenting perjured testimony without violating the Sixth Amendment?

Yes.

Is ineffective assistance presumed when an attorney fails to advise a defendant of the right to appeal?

No.

What additional showing is required when counsel fails to advise of the right to appeal?

The defendant must demonstrate prejudice.

How are attorney errors evaluated for ineffective assistance purposes?

Under the law that existed at the time of the representation.

Must defense counsel investigate mitigating evidence in a capital sentencing case?

Yes.

Does counsel provide ineffective assistance by honoring a competent defendant's instruction not to investigate mitigating evidence?

No.

May an indigent defendant choose any attorney to represent him or her?

No.

May a defendant waive the Sixth Amendment right to counsel?

Yes.

When may a defendant waive the right to counsel?

At trial or before trial, including after indictment.

What is required for a valid waiver of the Sixth Amendment right to counsel?

The waiver must be knowing, intelligent, and voluntary.

Who determines whether a defendant is competent to waive the right to counsel?

The trial judge.

Must a defendant be advised of the right to counsel before waiving it?

Yes.

Are Miranda warnings sufficient to support a waiver of the Sixth Amendment right to counsel after indictment?

Yes, provided the defendant has not previously invoked the right to counsel.

May a defendant represent himself or herself at trial?

Yes.

May a court appoint standby counsel over a defendant's objection?

Yes, as long as the defendant remains in control of the defense.

Is hybrid representation constitutionally required?

No.

What is hybrid representation?

A defendant and attorney sharing responsibility for conducting the defense.

Does a defendant have a constitutional right to self-representation on appeal?

No.

Does appointment of counsel automatically prevent police from questioning a defendant after formal charges?

No.

May police seek a waiver and question a represented defendant after counsel has been appointed?

Yes, if the defendant has not previously invoked the Miranda right to counsel and knowingly waives the rights.

Does appointment of counsel alone trigger the Edwards rule?

No.

What doctrine continues to prohibit police-initiated interrogation after a defendant invokes the Miranda right to counsel?

The Edwards rule under the Fifth Amendment.

Testable Issue:What must an indigent defendant receive in addition to appointed counsel?

The basic resources necessary for a meaningful defense, including transcripts, necessary experts, court access, and preparation assistance.

Testable Issue:What must a defendant prove to establish ineffective assistance of counsel?

Deficient performance and resulting prejudice creating a reasonable probability of a different outcome.

Testable Issue:When does joint representation violate the Sixth Amendment?

When counsel actively represents conflicting interests that adversely affect the representation.

Testable Issue:What is required for a valid waiver of the Sixth Amendment right to counsel?

The defendant must knowingly, intelligently, and voluntarily waive the right after being advised of it and being found competent.

Testable Issue:Does appointment of counsel automatically prevent later police questioning?

No. Police may obtain a valid waiver unless the defendant has previously invoked the Fifth Amendment Miranda right to counsel.

Essay Rule:How do you analyze an ineffective assistance or waiver-of-counsel issue?

Determine whether the defendant was entitled to counsel, analyze whether counsel's performance was objectively deficient and prejudicial, determine whether any waiver was knowing, intelligent, and voluntary, and evaluate whether any police questioning complied with the Sixth and Fifth Amendment rules.

Master Synthesis:What is the framework for analyzing Sixth Amendment effective-assistance and waiver issues?

Determine whether the defendant was entitled to counsel, evaluate whether counsel provided constitutionally effective representation under the deficient-performance and prejudice test, determine whether any waiver of counsel was valid, analyze any issues involving self-representation or appointed counsel, and distinguish the Sixth Amendment right to counsel from the Fifth Amendment Edwards rule governing custodial interrogation.