The Right to Effective Assistance of Counsel Self-Quiz
Northstate
has divided felonies into several classes. A “Class A” felony
is the most serious, “Class B” is less serious, and “Class
C” even less so. In an effort to cut costs, Northstate legislature
has passed a law stating that attorneys will be provided at trial for
the indigent only if they are accused of a Class A or Class B felony.
Is the law unconstitutional?
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Which of the
following statements is TRUE?
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Massahampshire
defines larceny as “taking and carrying away the tangible personal
property of another by trespass with the intent to permanently deprive
that person of his interest in the property,” and grand larceny
as “a larceny which involves the taking of a sum of $1000 or more,
or the taking of property with a value of $1000 or more.” Frieda
is arrested for stealing a new plasma TV from a local shop. She is charged
with larceny. Freida is properly Mirandized and demands to see a lawyer
before answering any questions. After an hour or so an officer comes back
into the room, Mirandizes her again, and informs her that they just discovered
the value of the TV is $3000 and that they are adding grand larceny to
her charges. May the officer question her about the grand larceny without
raising a Sixth Amendment issue?
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Hobie is indigent
and is assigned Warren as his attorney by the court for his felony murder
case. Hobie continuously tells Warren to tell the judge about the religious
tattoo he has on his chest and to point out that a man with such a tattoo
couldn’t possibly commit murder. Warren refuses to argue the point
and Hobie is convicted. On appeal, Hobie claims that Warren’s representation
was ineffective. Is Hobie likely to win his appeal?
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Following
Hobie’s appeal Warren is shaken and has lost all self-confident.
The next indigent client appointed to him by the court, Ben, is accused
of vehicular homicide. The minimum penalty for this crime is 10 years
in prison, the maximum if 35 years. While passing through a toll plaza
Ben apparently passed out drunk and ran into the toll booth, killing the
attendant inside. The entire episode is caught on tape, as is Ben’s
post-Miranda confession at the police station the following morning once
he sobered up. Ben has been arrested for driving while intoxicated in
the past and has served time for the crime. Warren’s performance
in court is lackluster to say the least. He mumbles so badly that the
jury can hardly hear him. He often seems lost in a daze and fails to object
to questions from the prosecution which any first-year law student would
know are impermissible. His closing argument is only ten words - “Please
don’t lock this boy up. He’s a good kid.” Ben is convicted
and sentenced to 15 years in prison. He appeals arguing ineffective assistance
of counsel. Is Ben likely to win his appeal?
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