Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit by Sam Rutherford by Sam Rutherford The Supreme Court of Colorado issued an opinion defining the scope of a …

Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing by Anthony Accurso by Anthony W Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that Wisconsin courts denied a defendant his Sixth Amendment right to counsel by failing to appoint …

New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police by Jacob Barrett by Jacob Barrett The Supreme Court of New Jersey ruled that under the Edwards rule the defendant did …

Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts …