Griffin was convicted of murder and appealed his case to the…

Griffin was convicted of murder and appealed his case to the Calizonia Court of Appeals where he was denied relief. Griffin is an indigent appellant and seeks to appeal his case to the Calizonia Supreme Court. Griffin seeks a court order requiring the appointment of counsel for his case.  Is he likely to be successful?

Fulton is in jail prior to his trial for kidnapping, which h…

Fulton is in jail prior to his trial for kidnapping, which has been delayed by two weeks. Fulton asserted his Sixth Amendment right to counsel during his initial arraignment. Unbeknownst to Fulton, his cellmate is a government informer. The government has given the cellmate instructions only to listen to for anything that Fulton might communicate with respect to the kidnapping case.  Is the government’s conduct in the case constitutionally permissible?

Walter is investigated by the police in connection with the…

Walter is investigated by the police in connection with the theft of a museum painting worth $1 million. The police eventually charge Walter with the theft, and he is indicted for the offense. After the indictment, a witness comes forward who says that she was at the museum at the time of theft. The police schedule a lineup so that the witness may try to identify Walter as the perpetrator. After the line-up, the police talk with Walter again and elicit a statement from him. In which of these moments is the sixth amendment right to counsel implicated?  

Mason has been charged with the distribution of a controlled…

Mason has been charged with the distribution of a controlled substance. He has been represented by John Low as his counsel in the case. However, after the trial begins Mason notifies the court that he seeks to have John Low replaced with another lawyer, Paul Smith, to represent him in the case. Paul Smith is an out of state lawyer who must seek permission to represent Mason pro hac vice. In the process of examining Paul Smith for admission to the state to handle the case, it is discovered that Paul Smith is the brother of the attorney assigned by the district attorney’s office to prosecute the case. The trial judge denied Mason’s request to be represented by Paul Smith.  If an appellate court were to examine the denial of Mason’s request for a different lawyer, how is it likely to rule?

During an assault investigation, the police submit Calista t…

During an assault investigation, the police submit Calista to a lineup identification so that a witness, named Darryl, can attempt to identify the assailant in the case. Under which circumstances does Calista have a right to counsel during this lineup identification?

Fulton is in jail prior to his trial for kidnapping, which h…

Fulton is in jail prior to his trial for kidnapping, which has been delayed by two weeks. Fulton asserted his Sixth Amendment right to counsel during his initial arraignment. Unbeknownst to Fulton, his cellmate is a government informer. The government has given the cellmate instructions to say to Fulton: “Hey, about that case of yours, anything you want to get off your chest? What really happened? You did it, right?” Is the government’s conduct in this case constitutionally permissible?

Ben was indicted for narcotics violations. He obtained a law…

Ben was indicted for narcotics violations. He obtained a lawyer, pled not guilty, and was released on bail. A codefendant, Carl, invited him to discuss the pending case in his car, which was parked on the street. Unknown to Ben, Carl had decided to cut a deal with the police and placed a listening device under the front seat of the vehicle. This enabled a nearby narcotics agent, Michael, to overhear the conversation. During the conversation between the two co-defendants, Ben made several incriminating statements that were later used against him at trial. Ben’s counsel seeks to have the statements made by his client excluded from the trial.  Will he be successful?

Paul is indicted for perjury and is immediately placed under…

Paul is indicted for perjury and is immediately placed under arrest. The next day Officer Johnson takes Paul to the interrogation room, Mirandized him, and asks him a series of questions about the perjury charges.  Under the Sixth Amendment, at what point did Paul’s right to counsel attach?