What is the test for a criminal defendant to have access to counsel at trial?

California, United States of America


The following excerpt is from People v. Bullard, F060419, Kern Sup. Ct. No. MF009015A (Cal. App. 2011):

Under both the Sixth Amendment to the United States Constitution and article I, section 15, of the California Constitution, a criminal defendant has a right to the effective assistance of counsel; that is, he has a right to " 'the reasonably competent assistance of an attorney acting as his diligent conscientious advocate.' [Citations.]" (People v. Ledesma (1987) 43 Cal.3d 171, 215 (Ledesma).) "The ultimate purpose of this right is to protect the defendant's fundamental right to a trial that is both fair in its conduct and reliable in its result. [Citations.]" (Ibid.)

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