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Criminal Law

: Law Of Criminal Defense

DC: Order to defendant to not discuss his testimony with anyone violated Sixth Amendment

By John Wesley Hall, Jr.

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"[A]ppellant Kelvin Martin claims the trial court violated his Sixth Amendment right to counsel by ordering him not to speak to his attorney about his testimony over a weekend recess that interrupted his cross-examination. We agree with appellant that this was plain error necessitating reversal." Martin v. United States, 05-CF-1352 (D.C. App. April 1, 2010). The court imposed a flat order not to discuss the case with anyone, presumably including defense counsel, and defense counsel did not object. This order was too broad and was plan error.

Full post as published by Law Of Criminal Defense on April 02, 2010 (boomark / email).

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