Sixth Amendment Right to Counsel. Gideon and Strickland. Leading Up to Gideon. Betts v. Brady (1942) “Special Circumstances Rule” No one has a right to counsel unless there are special circumstances which would make it impossible to have a fair trial without counsel
Gideon and Strickland
6A: Note that this is the Sixth Amendment right to a lawyer.
5A: Later on, in Miranda v. Arizona, we will see the Court create a new right to counsel based on the Fifth Amendment, and we will refer to that as the Fifth Amendment right to a lawyer. The significance of the 5A right to a lawyer is that it attaches much, much earlier in the criminal process - - - in the investigative stages at custodial interrogation , and that is usually long before a person is formally charged.
The Bottom Line: Defense attorney is presumed competent, and it is veryhard to prove incompetence.