What is the test for determining whether a defendant has been deprived of counsel at sentencing because of a structural error?

MultiRegion, United States of America

The following excerpt is from United States v. Yamashiro, 788 F.3d 1231 (9th Cir. 2015):

3 We have held the third prong is similar to the harmless-error analysis and is satisfied when, as here, the alleged error is structural. See United States v. Collins, 684 F.3d 873, 881 (9th Cir.2012) ([I]f the plain error was a structural one, the existence of prejudice is generally presumed.); Robinson v. Ignacio, 360 F.3d 1044, 1061 (9th Cir.2004) (explaining the deprivation of counsel at sentencing is structural error).

3 We have held the third prong is similar to the harmless-error analysis and is satisfied when, as here, the alleged error is structural. See United States v. Collins, 684 F.3d 873, 881 (9th Cir.2012) ([I]f the plain error was a structural one, the existence of prejudice is generally presumed.); Robinson v. Ignacio, 360 F.3d 1044, 1061 (9th Cir.2004) (explaining the deprivation of counsel at sentencing is structural error).

Other Questions


What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
What is the test for determining whether a sentence imposed on a defendant as a result of a "state-law error" constitutes a separate due process violation? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether racial animus has influenced the sentencing or sentencing of a defendant? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
What is the test for determining whether a defendant has committed a constitutional deprivation act? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.