Legal Opinion
Hereford v. Warren
Court of Appeals for the Sixth Circuit
Decided August 7, 2008No. 07-1507PublishedCited by 52 opinions
1Opinion of the CourtCook, J., joined by Siler, J.,
CLAY, J. (pp. 534-42), delivered a separate dissenting opinion.
OPINION
COOK, Circuit Judge.
Certain facets of criminal proceedings are so critical that the absence of a criminal defendant’s lawyer at those stages renders the proceedings inherently flawed. See United States v. Cronic, 466 U.S. 648, 659 n. 25, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984). The Michigan Court of Appeals held that a sidebar discussion between the prosecutor and judge during Petitioner Darron Hereford’s bench trial was not one of those critical stages, and that any error arising from defense counsel’s absence was harmless.…
2Cases cited50 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Williams v. TaylorSupreme Court of the United States · 2000
- United States v. WadeSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
45 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Derry Lovins v. Tony ParkerCourt of Appeals for the Sixth Circuit · 2013
- Hall v. VasbinderCourt of Appeals for the Sixth Circuit · 2009
- Ruelas v. WolfenbargerCourt of Appeals for the Sixth Circuit · 2009
- Akrawi v. BookerCourt of Appeals for the Sixth Circuit · 2009
- Fleming v. MetrishCourt of Appeals for the Sixth Circuit · 2009
47 more not listed; retrieve them via the Exa API.