· 7/11/1994
Frank Ray Chewning v. Russell Rogerson
Citations
- 29 F.3d 418
- 1994 U.S. App. LEXIS 16905
- 1994 WL 324108
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that extradition hearings are not \critical stages\ during which a defendant's Sixth Amendment right to counsel attaches
- holding that mere appearance of counsel at extradition hearing could not reasonably be considered positive enough assertion, without other supporting evidence, to amount to invocation of right to counsel on underlying criminal charge
- holding filing of charges is a critical stage for sixth amendment purposes
- noting with approval the stipulation that the filing of a criminal complaint in Iowa state court triggered petitioner’s Sixth Amendment right to counsel
- collecting cases, including McDonald v. Burrows, 731 F.2d 294, 297 (5th Cir. 1984
- \[t]he right is not self-executing but must be invoked by the person claiming it\
Source: CourtListener parenthetical corpus (CC0).
Judges: Fagg, Hansen, Arnold
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.