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Home / Opinion Digests / Criminal – Capital Case – Right To Counsel – Presentence Interview (access required)

Criminal – Capital Case – Right To Counsel – Presentence Interview (access required)

In a case of first impression, a Fairfax Circuit judge holds that a defendant in a capital case does not have a Sixth Amendment right to counsel at the presentence interview conducted by a probation officer, and defendant’s motion to have counsel present during the interview is denied. In regard to whether a presentence interview constitutes ...

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