Statute
Sixth Amendment
421 published works
EvidenceProf Blog
Supreme Court of Pennsylvania Finds Prosecutor Telling the Jury the Defendant Sought the Advice of an Attorney Before Being Arrested Was (Harmless) Error
By Colin Miller
Pursuant to the Sixth Amendment, "[i]n all criminal prosecutions, the accused shall enjoy the right...to have the assistance of counsel for his defense." Moreover, improper trial commentary by the prosecutor…
EvidenceProf Blog
Supreme Court of Nebraska Finds Juror Who Acknowledged The Defendant Could Be at a Distinctive Disadvantage if He Were Empaneled Did Not Need to Be Struck for Cause
By Colin Miller
Pursuant to the Sixth Amendment, a criminal defendant has the right to a trial "by an impartial jury." So, would this standard be satisfied by a prospective juror who had…
North Carolina Criminal Law
State v. Farook and Concessions of Guilt by Counsel
By Shea Denning
The North Carolina Supreme Court held in State v. Farook, No. 457PA20-2, ___ N.C. ___ (August 14, 2026) (summarized here), that the proper analysis for most claims of ineffective assistance…
Legal History Blog
Su on the 12-Person Jury
By Dan Ernst
Wanling Su, Indiana University, Bloomington, has posted her amicus brief in Kian v. Florida (25-6623):(DRE/DPE Collection)Williams v. Florida centered on a historical premise: Although the common law jury unquestionably consisted…
North Carolina Criminal Law
Considering Recent Confrontation Clause Cases from the Court of Appeals
By Shea Denning
The Confrontation Clause of the Sixth Amendment bars the State from introducing testimonial hearsay statements from a witness who does not testify at trial unless the witness is unavailable and…
Philadelphia Criminal Defense Blog
Third Circuit: COVID-Era Courtroom Closure and Marshals Blocking the Defendants’ Mothers’ Entry Violated the Sixth Amendment, but Convictions Affirmed Anyway
Criminal Defense Lawyer Zak T. Goldstein, Esquire The United States Court of Appeals for the Third Circuit has decided United States v. Girard and United States v. Harry, Nos. 24-2097…
Last Month at the Supreme Court
Decision Alert: Supreme Court Holds That Courts Can Prohibit Consultation About Ongoing Testimony During Overnight Recess
By Chantel Febus, James Azadian, Kyle Asher, Monika Harris, David Ter-Petrosyan
In a unanimous judgment, the Supreme Court in Villarreal v. Texas (No. 24-557) affirmed the Texas Court of Criminal Appeals’ holding that an order prohibiting a criminal defendant and his…
San Francisco Criminal Lawyer Blog
Right to counsel is violated when judge communicates with jury with lawyer not present.
People v. Heaps (Cal. Ct. App., Feb. 2, 2026, No. B329296) 2026 WL 266465, at *1–4 Summary: The Sixth Amendment’s right to counsel applies in state criminal trials. (Gideon v.…
Last Month at the Supreme Court
Supreme Court Weighs Prohibition on Criminal Defense Attorney-Client Communication
By Chantel Febus, James Azadian, Kyle Asher, Monika Harris
On October 6, 2025, the Supreme Court heard oral argument in Villarreal v. Texas (No. 24-557) to consider a constitutional question that could significantly affect criminal defendants’ Sixth Amendment protections.…
Ed Folsom Retired Criminal Defense Lawyer Blog
Does Maine’s Assigned-Counsel-Sometimes Reality Satisfy the 6th Amendment?
By Ed Folsom
Does Maine’s Assigned-Counsel-Sometimes Reality Satisfy the 6th Amendment? Posted by Ed Folsom, October 13, 2025 There was recent action in the ACLU’s lawsuit against the Maine Commission on Public Defense…