Tag Archives: Sixth Amendment

SCOTUS Opinion: Court Strikes Supervised Release Statute That Permitted Additional Prison Time Without A Jury Determination

In United States v. Haymond, Andre Haymond was found guilty by a jury of possessing child pornography, a crime that permitted a prison term of zero to 10 years. After serving his term and while on supervised release, Haymond was found with what appeared to be images of child pornography on his devices. Under 18 U.S.C. sec. 3583(k), a... Read More >

SCOTUS Opinion: Failure To File Appeal Is Constitutionally Deficient Even After Defendant Signs Appeal Waiver

In Garza v. Idaho, Garza signed two plea agreements for state crimes, each of which included a waiver of his appeal rights. After he was sentenced, Garza told his counsel that he wanted to appeal. His counsel did not file any appeal, telling Garza that his waivers made any such appeal “problematic.” After the deadline to appeal passed, Garza... Read More >

Sixth Amendment Permits Defendant To Insist On Not Conceding Guilt For First-Degree Murder

Robert McCoy was charged with first-degree murder for killing his estranged wife’s mother, stepfather, and son. The evidence was damning, but McCoy insisted that he was innocent. His attorney at trial, Larry English, decided that the best strategy in the face of the evidence was to admit to the jury that McCoy committed the murders, but argue that his mental... Read More >