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Category Archives: Right to Counsel

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Supreme Court Overrules Michigan v. Jackson and Presumption that Waivers of Right to Counsel After the Right to Counsel Has Been Invoked Are Invalid

Posted in Environmental Crimes, False Claims, Fraud, Money Laundering, Right to Counsel

In an opinion issued on Tuesday, Montejo v. Louisiana, — S.Ct. —-, 2009 WL 1443049 (2009), the Supreme Court removed a layer of protection of criminal defendants against coercive and badgering police interrogations by overruling, Michigan v. Jackson, 475 U.S. 625, 106 S.Ct. 1404 (1986), in which the Court had held that “if police initiate… Continue Reading

Eleventh Circuit Holds No Right to Counsel in Sentence Reduction Proceedings Pursuant to 18 U.S.C. § 3582(c)(2)

Posted in Right to Counsel

          The federal judiciary has seen a surge in proceedings for reduction of sentences pursuant to 18 U.S.C. § 3582(c)(2), primarily as a result of Amendment 706 to the Guidelines, which amended § 2D1.1 to provide a two-level reduction in the base offense level for crack cocaine offenses, and which the United States Sentencing… Continue Reading