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Does Denial of Counsel of Choice Result in a Sixth Amendment Violation Requiring Automatic Reversal?

April 26, 2017Amendment automatic counsel denial requiring reversal Sixth violation

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Does Denial of Counsel of Choice Result in a Sixth Amendment Violation Requiring Automatic Reversal?

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U.S. v. Gonzalez-Lopez Docket No. 05-0352 From: The Eighth Circuit Case at a Glance Cuauhtemoc Gonzalez-Lopez was charged with one count of conspiring to distribute marijuana. Prior to trial he retained an out-of-state lawyer to represent him; however the district court refused to grant his lawyer’s application for pro hac vice admission to the Missouri District Court. Gonzalez-Lopez proceeded to trial with substitute counsel, and was convicted. He claims that his Sixth Amendment right to counsel of his choice was violated, and that this violation requires automatic reversal of his conviction and a new trial. • Previewed by Lisa K. Halushka, an associate professor at Thomas M. Cooley Law School in Lansing, Michigan.