compulsory process for obtaining witnesses

• State v. Ervin, (Ohio 2011)

CRIMINAL - motion to withdraw guilty plea (post-sentence); Crim.R. 32.1; constitutional rights; compulsory self-incrimination; compulsory process for obtaining witnesses; Crim.R. 11(C); plea colloquy.

• Ohio Supreme Court

• A Fool for a Client: Competency Standards in Pro Se Cases

A lawyer who represents himself has a tool for a client. While the old adage may be true, it fails to address the situation where the person invoking the right to self-representation lacks competency. Unfortunately, courts have not elucidated standards to decide whether a pro se defendant is competent to represent himself. Instead, the Supreme Court recognized competency as a limitation on the right of self-representation without giving guidance to courts on how to implement the new limitation. The Sixth Amendment protects criminal defendants by ensuring that the accused "shall enjoy the right to be informed of the nature and cause of accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance o...

• Brigham Young University Law Review
• Vol. 2010 Nbr. 1, January 2010

• The 6th Amendment and Detainees

I am writing in response to Jacob Sullum's column "The gap in Mukasey's testimony" (Commentary, Saturday) in which he insinuates that President Bush is violating the Constitution through the monitoring and/or detention of foreign citizens. He includes several quotes to back up his claim that, somehow, terrorists' rights are being violated by the president. I suggest that Mr. Sullum refer to Amendment VI, which states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compuls...

... has violated the Constitution through the process of monitoring, capturing and detaining foreign det...

• The Washington Times
• October 30, 2007

• Rights of accused in criminal proceedings

... accusation; to be confronted with the witnesses against him or her; to have compulsory process forr obtaining witnesses in his or her favor; to have the assista...

• Michigan Constitution

• Can a right be less than the sum of its parts? How the conflation of compulsory process and due process guarantees diminishes criminal defendants' rights.

... fight to offer testimony from favorable witnesses. (8) The Court quoted one of its "fundamental fair...to have compulsory process for obtaining witnesses in his favor.." (28) The Court reasoned ...

• American Criminal Law Review
• Vol. 48 Nbr. 3, June 2011

• Privacy Act of 1974:

• FR, May 13, 2011
• Rules
• Homeland Security Department

• In Defense of Detainees' Rights

We applaud the U.S. Supreme Court's decision this week to deliberate whether the president of the United States has the power to imprison citizens indefinitely and without benefit of an attorney during times of war. The constitutional questions at stake are vital to the security of all U.S. citizens. To say the nation's founders were concerned about curbing the government's power to arrest and detain people indefinitely would be an understatement. They built into the Bill of Rights a safeguard, guaranteeing that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed ... to be informed of the nature and cause of the accusation; to be confronted with the witne...

... precious constitutional freedoms in the process. If the president is free to detain anyone as an e...

• Deseret News (Salt Lake City)
• February 29, 2004

• Washington v. Texas, 388 U.S. 14 (1967)

... a defendant in a criminal case to have compulsory process for obtaining witnesses in his favor appli...

• U.S. Supreme Court

• The rights of accused terrorists: George W. Bush's and Barack Obama's treatment of accused terrorists in the war on terror has often fallen outside constitutional boundaries - and that's bad for Americans.

... explicitly require a trial and full due process for any "person" the government arrests. The Fifth... accusation; to be confronted with the witnesses against him; to have compulsory process for obtain... to lower the evidentiary bar for obtaining convictions--lower than would be the case in a nor...

• The New American
• October 10, 2011

• United States v. Valenzuela-Bernal, 458 U.S. 858 (1982)

... violated his Fifth Amendment right to due process and his Sixth Amendment right to compulsory processs for obtaining witnesses. Following a bench trial respondent was ...

• U.S. Supreme Court