Legal Opinion
King v. Superior Court
California Court of Appeal
Decided April 8, 2003No. C039495PublishedCited by 26 opinions
1Opinion of the Court
Opinion
MORRISON, Acting P. J.
“In all criminal prosecutions, the accused shall enjoy the right ... to have the assistance of counsel for his defense.” (U.S. Const., 6th Amend.) Because it is essential to a fair trial, the right to counsel has long been considered “fundamental.” (Gideon v. Wainwright (1963) 372 U.S. 335, 343 [83 S.Ct. 792, 795, 9 L.Ed.2d 799, 804, 93 A.L.R.2d 733].) Despite the fundamental nature of this right, it is not absolute. In this case we consider whether an accused may forfeit his right to counsel by serious misconduct, such as violence and threats of violence against…
2Cases cited38 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United States v. OlanoSupreme Court of the United States · 1993
- Johnson v. ZerbstSupreme Court of the United States · 1938
33 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People v. PerryCalifornia Supreme Court · 2006
- Commonwealth v. MeansMassachusetts Supreme Judicial Court · 2009
- People v. JohnsonCalifornia Supreme Court · 2018
- State of Tennessee v. Tommy HolmesTennessee Supreme Court · 2010
- McNeal v. AdamsCourt of Appeals for the Ninth Circuit · 2010
21 more not listed; retrieve them via the Exa API.