Right to Counsel | Federal Criminal Defense Blog

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

By Anthony Lake on May 28th, 2009 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)

By Anthony Lake on April 14th, 2009 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

Invocation of Right to Counsel in State Proceeding Inapplicable in Federal Proceeding

By Anthony Lake on April 8th, 2008 Posted in Right to Counsel

In United States v. Davis, No. 07-12015, 2008 WL 800125, *1 (11th Cir., Mar. 27, 2008), Benjamin Davis was stopped at a roadblock by Atlanta police officers, who found a handgun on the floor of Davis’ vehicle. Davis was charged under Georgia law with unlawful possession of a firearm and invoked his right to counsel… Continue Reading