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United States v. Gonzalez-Lopez, 548 U.S. 140 (2006), is a United States Supreme Court ruling that the erroneous deprivation of a defendant's attorney of choice entitles him to a reversal of his conviction under the Sixth Amendment to the United States Constitution. [1]
The Due Process Clause of the 14th Amendment, while it does not require a state to provide counsel at civil contempt proceedings to indigent individuals, even if incarceration is a possibility, does require some safeguards to prevent the erroneous deprivation of liberty. South Carolina Supreme Court reversed and remanded. Court membership
The Court set out the test as follows: "[I]dentification of the specific dictates of due process generally requires consideration of three distinct factors: first, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value ...
The 3-part test established in Matthews determines whether a prejudgment remedy meets the constitutional requirements when Government seeks deprivation on its own initiative. The court must take into consideration the private interest of the party against whom the remedy is sought, the risk of erroneous deprivation as well as the probable value ...
The Court focused solely on the risk of an erroneous deprivation, without looking at the other two Mathews prongs—the nature of the interest at stake and the burden on the government that a marginal increase in procedural protections entails. "Certainly the interest in being released from incarceration is of sufficient magnitude to have some ...
It was known as “the third degree” and involved tactics that today would be considered torture: brutal beatings; deprivation of food, water, sleep and toilets; prolonged confinement.
The Sparkmans then brought an action for damages under 42 U.S.C. § 1983 and 42 U.S.C. § 1985(3) [3] for alleged deprivation of Linda Sparkman's civil rights against Ora McFarlin, her attorney, Judge Stump, the doctors who performed the operation and the hospital where it was performed.
Connecticut v. Doehr, 501 U.S. 1 (1991), was a United States Supreme Court case in which the Court held that a state statute authorizing prejudgment attachment of a defendant's real property upon the filing of an action without prior notice or hearing, a showing of extraordinary circumstances, or a requirement that the plaintiff post a bond violates the Due Process Clause of the Fourteenth ...