Posts Categorized: Sixth Amendment

Posted: September 19, 2014

Habeas Petitioner Entitled To Hearing On Whether Counsel Ignored Instruction To File Notice Of Appeal

On August 28, 2014, the Second Circuit issued a decision in Zazi v. United States, 13-2437-PR, holding that the EDNY erred in not holding a hearing on the question of whether a habeas corpus petitioner’s counsel ignored the petitioner’s instructions to file a notice of appeal. In Zazi, the EDNY denied without hearing a petition... Read more »

Posted: June 2, 2014

Right To Counsel At Interrogation Cannot Be Prospectively Invoked And Must Be Invoked Personally, Not by Counsel

On May 20, 2014, the Second Circuit issued a decision in USA v. Medunjanin, No. 12-4724, affirming a decision by the EDNY that a defendant may not prospectively invoke the right to counsel during an interrogation and that the right to counsel, even when invoked, can be waived. Medunjanin was convicted “of terrorism-related crimes involving a conspiratorial plan,... Read more »