The Sixth Amendment right to counsel, how it applies to the states per the 14th Amendment, and the Martha Moxley case

The Sixth Amendment right to counsel applies directly to federal criminal cases only. However, due to the incorporation clause of the 14th Amendment, the Sixth Amendment, and the Bill of Rights in general, are also incorporated as to the states. Specifically, the 14th Amendment incorporates the 6th Amenment right to counsel in criminal matters as to the states, but only to *felony* cases, not misdemeanor charges, as per Gideon v Wainwright, 372 U.S. 335 (1963).

An interesting sidebar of the 6th Amendment right to counsel in criminal matters is the long-shot argument of "ineffective assistance of counsel" as a basis for a retrial. In the news just this week, Kennedy cousin Michael Skakel was granted a retrial in Connecticut Superior Court on these grounds. Skakel was convicted in 2002 for the murder of then neighbor Martha Moxley in the mid 1970s.

The 27th Amendment and the Government Shutdown

I am embarassed to say that when a friend asked me what the 27th amendment was, I did not
know. I had to look it up:

"No law, varying the compensation for the services of Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."

You will *never* be tested on this for the bar exam.

However, in light of current events, I thought it would be worth mentioning. Essentially, Congress votes itself pay raises, and no one can take away their pay except themselves.

The takeaway? The government was shut down by Congress, but they are still getting paid. Most all other government workers are not getting paid, though many will receive back-pay once the stalemate is over.

There it is, folks. Your government in action (inaction?)

John Gillis, Esq.