...that she routinely accepted similar negotiated pleas. Analyze Dante's Sixth Amendment ineffective-assistance claim and the likely remedy. This essay tests ineffective assistance of counsel during plea bargaining. Strickl...
Citations: Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Hill v. Lockhart
...and does not cross-examine Marco when he blames Lina. Analyze Lina's Sixth Amendment conflict-of-interest claim. This essay tests conflict-free counsel, joint representation, timely objection, and adverse-effect standar...
Citations: Holloway v. Arkansas, Cuyler v. Sullivan, Mickens v. Taylor, Wood v. Georgia
...appointed counsel and the required inquiry into specific complaints. Sixth Amendment right to effective assistance of counsel, Sixth Amendment right to counsel
Citations: Sixth Amendment right to effective assistance of counsel, Sixth Amendment right to counsel
...t argues that he need not prove ordinary Strickland prejudice because counsel was absent from a critical hearing. When is prejudice most likely presumed? This question tests the narrow presumed-prejudice doctrine. United...
Citations: United States v. Cronic, Strickland v. Washington, Bell v. Cone
A defendant claims trial counsel was constitutionally ineffective for failing to investigate a readily available alibi witness. What must the defendant ordinarily show? This question tests the ordinary ineffective-assist...
Citations: Strickland v. Washington
.... Which statement is most accurate? This question tests waiver of the Sixth Amendment counsel right after attachment. Patterson v. Illinois, Montejo v. Louisiana
Citations: Patterson v. Illinois, Montejo v. Louisiana
...tion. Which list most accurately identifies critical stages where the Sixth Amendment right to counsel generally applies? This question tests critical-stage doctrine. United States v. Wade, Mempa v. Rhay, Missouri v. Fry...
Citations: United States v. Wade, Mempa v. Rhay, Missouri v. Frye, Coleman v. Alabama
...k how the charged robbery was committed. Which answer best states the Sixth Amendment rule? This question tests deliberate elicitation by government agents. Massiah v. United States, United States v. Henry, Kuhlmann v. W...
Citations: Massiah v. United States, United States v. Henry, Kuhlmann v. Wilson
...the sentence imposed after trial. Which statement best describes the Sixth Amendment analysis? This question tests ineffective assistance during plea negotiations. Missouri v. Frye, Lafler v. Cooper
Citations: Missouri v. Frye, Lafler v. Cooper
...to-array identification, and the in-court identification. Analyze the Sixth Amendment counsel issues. This essay tests critical-stage identification procedures, live lineups, photo arrays, and independent-source conseque...
Citations: United States v. Wade, Gilbert v. California, Kirby v. Illinois, United States v. Ash
...e robbery case and later in a separate shooting case. Analyze Ramos's Sixth Amendment right-to-counsel arguments. This essay tests attachment, offense-specific limits, jailhouse informants, deliberate elicitation, and su...
Citations: Massiah v. United States, United States v. Henry, Maine v. Moulton, Texas v. Cobb, Rothgery v. Gillespie County
...unsel, conflict/inadequacy concerns, and Faretta self-representation. Sixth Amendment right to effective assistance of counsel, Faretta v. California, Trial-court discretion over untimely self-representation requests, Gi...
Citations: Sixth Amendment right to effective assistance of counsel, Faretta v. California, Trial-court discretion over untimely self-representation requests, Gideon v. Wainwright
...f a separate, uncharged burglary committed a week later. How does the Sixth Amendment right to counsel apply to the uncharged burglary? This question tests the offense-specific nature of the Sixth Amendment counsel right...
Citations: Texas v. Cobb, McNeil v. Wisconsin
...rmation, arraignment, or first appearance has occurred. When does the Sixth Amendment right to counsel attach? This question tests attachment of the Sixth Amendment right to counsel. Rothgery v. Gillespie County, Kirby v...
Citations: Rothgery v. Gillespie County, Kirby v. Illinois
...ewitnesses. Which identification procedure requires counsel under the Sixth Amendment? This question tests the counsel rules for lineups and photographic displays. United States v. Wade, Gilbert v. California, United Sta...
Citations: United States v. Wade, Gilbert v. California, United States v. Ash, Kirby v. Illinois
...an innocent explanation, you would have heard it from Mika." Defense counsel objects and asks the court to instruct the jury that it may not consider Mika's failure to testify for any purpose. The prosecutor argues that...
Citations: Griffin v. Delaware, Carter v. Kentucky, Evidence Code Section 930
...y saying, 'I do not know; someone in risk management might.' Hospital counsel instructed her not to answer questions about the investigation on the ground that 'corporate investigations are confidential,' but did not ide...
Citations: Fed. R. Civ. P. 30(b)(6), 30(c), 34, 37, Del. Super. Ct. Civ. R. 30(b)(6), 34, 37
...after an accident. The trial judge obtains medical information, asks counsel about a continuance, finds that the juror cannot return for several weeks, and declares a mistrial over Mateo's objection. The People immediat...
Citations: Arizona v. Washington, United States v. Perez, Oregon v. Kennedy, People v. Batts, Penal Code Section 1023
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