What is the right to counsel in sentencing proceedings?
California, United States of America
The following excerpt is from People v. Sauceda, 2d Crim. No. B301139 (Cal. App. 2021):
and where counsel's assistance can help to avoid that prejudice." (Ibid.) Included among these proceedings are the trial and initial appeal. (Pennsylvania v. Finley (1987) 481 U.S. 551, 555.) The right to counsel also applies in resentencing proceedings. (People v. Rouse (2016) 245 Cal.App.4th 292, 296, 299-301.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between a defendant's absolute right to counsel and his unqualified constitutional right to discharge counsel if he pleases and represents himself? (California, United States of America)
Does a joint capital sentencing proceeding violate the Eighth Amendment right to individualized sentencing determination? (California, United States of America)
Does a defendant have a right to counsel at a resentencing proceeding where the entire sentencing package has been set aside? (California, United States of America)
What are defendant's rights regarding counsel, counsel and Boykin/Tahl rights? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Does a defendant's Sixth Amendment right to counsel include a right to loyal assistance? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does a waiver of counsel constitute a relinquishment of the right to effective assistance of counsel? (California, United States of America)
Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
