State v. Canaday

After correctly determining that the defendant was denied his constitutional right to counsel at a crucial stage of the proceedings, the majority concludes incorrectly, in my opinion, that the error was harmless within the standards set down by the United States Supreme Court in Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), and Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970).

The majority opinion in effect stands Chapman v. California on its head by requiring that the appellant demonstrate specific prejudice as a result of his lack of counsel at…