THE NATIONAL CRIMINAL JURY INSTRUCTION
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VOLUME 16 - CHAPTER 300
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300.27 Effective Assistance Of Counsel
300.27.1 Effective Assistance Of Counsel: Trial
300.27.1.1 Right To Effective Jury Instruction Advocacy At Trial
300.27.1.2 Effective Assistance Of Counsel: Right To Communication With Counsel At Trial
300.27.1.3 Constitutional Claims: Right To Presence Of Counsel At Trial
THE NATIONAL CRIMINAL JURY INSTRUCTION
COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 16 - CHAPTER 300
300.27.1.1 Right To Effective Jury Instruction Advocacy At Trial
See NCJIC 4.2.3 [Failure To Object To Jury Instructions As Ineffective Assistance Of Counsel].
See NCJIC 4.3.4.1 [Failure To Request Jury Instructions As Ineffective Assistance Of Counsel].
THE NATIONAL CRIMINAL JURY INSTRUCTION
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VOLUME 16 - CHAPTER 300
300.27.1.2 Effective Assistance Of Counsel: Right To Communication With Counsel At Trial
PRACTICE NOTE: Meaningful communication between trial counsel and the defendant is an essential underpinning of the 6th Amendment right to counsel. (See Geders v. U.S. (1976) 425 US 80, 88-89 [96 SCt 1330; 47 LEd2d 592]; Illinois v. Allen (1970) 397 US 337, 344 [90 SCt 1057; 25 LEd2d 353]; Riggins v. Nevada (1992) 504 US 127 [112 SCt 1810; 118 LEd2d 479].)
Hence, procedures which impair the defendant's ability to confer with counsel may violate the 6th Amendment. (See U.S. v. Miguel (9th Cir. 1997) 111 F3d 666, 672-3.) For example, "the unjustified use of restraints could, in a real sense, impair the ability of the defendant to communicate with counsel..." (People v. Fierro (CA 1991) 1 C4th 173, 219-220 [3 CR2d 426].)
THE NATIONAL CRIMINAL JURY INSTRUCTION
COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 16 - CHAPTER 300
300.27.1.3 Constitutional Claims: Right To Presence Of Counsel At Trial
See NCJIC 2.7 [Presence Of Counsel].
RESEARCH NOTES:
See Manual On Recurring Problems In Criminal Trials [Right Of Confrontation: General Principles].
See also Manual On Recurring Problems In Criminal Trials [9a. Right Of Confrontation: Findings Court Must Make If Defendant Objects To Admission Of Out-Of-Court Statement].
See also Manual On Recurring Problems In Criminal Trials [9b. Right Of Confrontation: Finding Of Nonavailability Of Out-Of-Court Declarant].
See also Manual On Recurring Problems In Criminal Trials [9c. Right Of Confrontation: Proof Of Adequacy Of Indicia Of Reliability].
See also Capital Punishment Handbook [1.13.1 a. Ineffective Assistance Of Counsel: Legal Standard: General Principles].
See also Capital Punishment Handbook [1.13.2 a. Deficiency Of Counsel: General Principles And Authorities].