Right to counsel is denied where attorney stands silent at competency hearing
SIXTH AMENDMENT United States v. Collins, No. 04-2002, ___ F.3d ___ (10th Cir. Dec. 5, 2005)(New Mexico). Appeal of conviction and sentence for sexually abusing a minor in violation of 18 U.S.C. § 2241(c), 2246(2)(A), 2246(2)(B), and 1152. HELD: (1) Defendant was constructively denied Sixth Amendment right to counsel at competency hearing where attorney stood silent while citing pending motion to withdraw and district court entered order finding defendant competent without allowing new counsel to revisit competency issue. (2) Because evidence could have been introduced and arguments made that likely could have affected outcome of defendant’s competency hearing, it is impossible to say that violation of defendant’s Sixth Amendment right to counsel at competency hearing did not pervade entire trial. Accordingly, conviction must be reversed. Read the opinion here. |
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