Supreme Court Explains Contours of Sixth Amendment’s Right to Counsel in Villarreal v. Texas

The Sixth Amendment has long guaranteed a criminal defendant the right “to have the Assistance of Counsel for his defence.” But what does that right entail in practice—particularly when a defendant takes the witness stand in his own defense? And by taking the witness stand, what limitations, if any, exist with respect to his right to have assistance of counsel during his testimony? In a 9-0 decision in Villarreal v. Texas, the Supreme Court justices agreed that a trial judge can constitutionally prohibit a defendant and defense counsel from conferring…

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Fourth Circuit Decision Sets Up Next Potential 2A Showdown at Supreme Court

The U.S. Court of Appeals for the Fourth Circuit upheld Maryland’s ban on so-called “assault weapons” earlier this month, likely setting the stage for the next major Second Amendment showdown at the Supreme Court. The case, Bianchi v. Brown, features Maryland residents who challenge the constitutionality of a 2013 state law that generally prohibits them from buying or possessing any firearm deemed an “assault weapon.” The statute defines that term to include hundreds of specific models of semiautomatic rifles, as well as any other semiautomatic rifle that either (1) has…

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