State v. Dowdell

MOYLAN, Judge.

Although the imprecision makes no difference in this particular case, this appeal illustrates, seemingly for the thousandth time, the epidemic tendency to wander back and forth across the federal-state boundary with little thought as to which sovereign law is being invoked. The Sixth Amendment to the Constitution of the United States provides, in pertinent part, “in all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence.” That federal provision was made applicable to the states by being deemed incorporated in the due…