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Gideon v. Wainwright was one of a series of Supreme Court decisions that confirmed the right of defendants in criminal proceedings, upon request, to have counsel appointed both during the trial and on appeal. In the subsequent cases Massiah v. United States, 377 U.S. 201 (1964), and Miranda v.
Peruta v. San Diego, 824 F.3d 919 (9th Cir. 2016), was a decision of the United States Court of Appeals for the Ninth Circuit pertaining to the legality of San Diego County's restrictive policy regarding requiring documentation of "good cause" that "distinguish[es] the applicant from the mainstream and places the applicant in harm's way" (Cal. Pen. Code §§ 26150, 26155) before issuing a ...
Case history; Prior: Cert. to the Supreme Court of California Holding; The failure to grant this indigent petitioner seeking initial review of his conviction the services of an advocate, as contrasted with an amicus curiae, which would have been available to an appellant with financial means, violated petitioner's rights to fair procedure and equality under the Fourteenth Amendment.
Brewer v. Williams, 430 U.S. 387 (1977), is a decision by the United States Supreme Court that clarifies what constitutes "waiver" of the right to counsel for the purposes of the Sixth Amendment. Under Miranda v. Arizona, evidence obtained by police during interrogation of a suspect before he has been read his Miranda rights is inadmissible. [1]
His decision was stayed pending appeal. On August 15, 2019, James Miller, a board member of the San Diego County Gun Owners, sued Attorney General Xavier Becerra and the Director of the California Bureau of Firearms, [8] [16] alleging that the ban was an unconstitutional restriction of Second Amendment rights.
(The Center Square) – Whether illegal immigrants have the right to keep and bear arms is a question now up for the Seventh Circuit U.S. Court of Appeals. The case USA v. Heriberto Carbajal ...
The Supreme Court of the United States vacated the judgment of the California District Court of Appeal. In an opinion by Justice Douglas, expressing the view of six members of the Court, it was held that the denial of counsel under the California rule of procedure stated above violated the Fourteenth Amendment.
The U.S. government cannot ban people convicted of non-violent crimes from possessing guns, a federal appeals court ruled on Tuesday. The 11-4 ruling from the Philadelphia-based 3rd U.S. Circuit ...