Sixth Amendment right to counsel attaches at “critical stage” of proceedings
How later courts described this case
- Sixth Amendment right to counsel attaches at “critical stage” of proceedings
Written by the judges who cited it.
The opinion
White, P.J.
(concurring). Under the circumstances of this case, where the charges had been dismissed pursuant to a judicial determination that the state lacked probable cause to proceed against defendant, and where that determination was affirmed, so that the original prosecution was never reinstated, but, rather, defendant was recharged, I concur with Judge Smolensk’s conclusion that defendant’s Sixth Amendment right to counsel was not violated.
*706 I also concur with Judge Smolensk’s conclusion that any error in the admission of Anthony Riggs’ letter to his mother was harmless.