The Right to Counsel in American Courts

By William M. Beaney | Go to book overview
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TABLE OF CONTENTS
CHAPTERPAGE
PREFACEv
ABBREVIANONS USED IN THE CITATIONSxi
I. INTRODUCTION1
II. RIGHT TO COUNSEL IN ENGLISH AND EARLY AMERICAN LAW8
Right to Counsel in England before 18368
Right to Counsel in England after 183612
Right to Counsel in Pre-Revolutionary America14
Right to Counsel under Early State Constitutions18
Right to Counsel in the Constitution of 178722
Summary and Conclusions24
III. RIGHT TO COUNSEL UNDER THE SIXTH AMENDMENT27
Development of the Law, 1789 to 193827
Precedents for Johnson v. Zerbst33
Case of Johnson v. Zerbst36
Right to Counsel in Federal District Courts, 1938 to the Present44
Plea of Not Guilty with Assistance of Counsel45
Dissatisfaction with Appointed Counsel46
Limitations on Services of Counsel47
Conflicts of Interest49
Inadequate Preparation of Counsel51
Ineffective Counsel53
Absence Counsel during Proceedings55
Plea of Not Guilty with Waiver of Counsel57
Plea of Guilty with Assistance of Counsel59
Change of Plea to Guilty without Counsel61
Plea of Guilty as Waiver of Counsel64
A New Doctrine of Waiver--Walker v. Johnston66
Application of Walker v. Johnston69

-vii-

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