Is representation by a certified law student an abridgment of defendant's right to assistance of counsel?

California, United States of America


The following excerpt is from People v. Perez, 155 Cal.Rptr. 176, 24 Cal.3d 133, 594 P.2d 1 (Cal. 1979):

10 Defendant and the Court of Appeal both suggest that although in their view representation by a certified law student is necessarily an abridgment of defendant's right to assistance of counsel in felony cases, it might not be so in misdemeanor cases. Argersinger v. Hamlin (1972) 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530, however, explicitly held that defendants charged with misdemeanors which might result in imprisonment are entitled to the same quality of representation as those charged with felonies. In light of that decision we cannot create higher standards of assistance of counsel in felony cases than in misdemeanors involving possible imprisonment.

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