76. The Right to Continuity of Counsel

The Prosecutors: Legal Briefs

PodcastOne

True Crime

4.4 • 1.9K Ratings

🗓️ 15 November 2023

⏱️ 71 minutes

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Summary

With the debate over the removal of Richard Allen's counsel in Delphi raging, we take a step back and look at the law. What has the Supreme Court said about right to counsel? The right to continuity of counsel? What does that mean? And does it matter if it's counsel you hired versus counsel appointed to you? We talk about it all.

Citations:

Anne Bowen Poulin, Strengthening the Criminal Defendant's Right to Counsel, 28 Cardozo L. Rev. 1213, 1249 (2006).

Keith Swisher, Disqualifying Defense Counsel: The Curse Of The Sixth Amendment

Wheat v. United States, 486 U.S. 153, 159 (1988).

Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 624 (1989).

United States v. Gonzalez-Lopez, 548 U.S. 140, 144 (2006).

Morris v. Slappy, 461 U.S. 1, 13–14 (1983).

Daniels v. Lafler, 501 F.3d 735, 740 (6th Cir. 2007).

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Transcript

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0:00.0	I'm Alice and I'm Brett and this is the prosecutor's legal proof.
0:07.0	And this is the prosecutor's legal proof. Yes. Welcome back to the prosecutor's legal briefs. I'm your host Alice and I'm
0:37.4	joined as always by my triple threat co-host Brett. Hello Alice. Merry Christmas. It's good to be with you the beginning of
0:46.6	this Christmas season. You know what? Yesterday when we're recording this
0:51.6	yesterday was Halloween and before we even went trick-or-treating,
0:55.0	our neighborhood had put up Christmas garlands.
0:57.0	I was like, y'all couldn't wait one day, one day.
1:00.0	Yeah, well, there you go.
1:02.0	So it is actually Christmas season, which I'm not angry about at all.
1:06.0	I mean, look, Thanksgiving is great.
1:09.0	It's good to give thanks. I like eating, but it's kind of a blah holiday right? It is not I love being thankful but I love
1:17.4	that it kind of extends the Christmas season I actually asked my friend today I was like when is too early to pull out my Christmas
1:24.2	decorations and she was like not yesterday so first thing coming down is definitely my Christmas
1:30.4	train because that can entertain kids endlessly.
1:33.2	But can we get back to the amazing punarific
1:37.0	descriptor I just had because you're not actually a triple threat.
1:40.0	I'm really sorry.
1:41.0	Actually you're a triple threat not in the sense of you know
1:44.4	Broadway you can't sing your dance that I know of you do have so many talents
1:49.3	but this isn't about you the triple threat is what I'm gonna call the trifecta of 2023 true crime and that is Idaho,
1:56.1	murder and Delphi. These three cases I think will have updates every single time we turn around
2:02.3	and today is no different.
	...

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