RIGHT TO COUNSEL
AND EFFECTIVE
ASSISTANCE OF COUNSEL
4-1
CHAPTER 4
RIGHT TO COUNSEL AND
EFFECTIVE ASSISTANCE OF COUNSEL
§4:10 CONSTITUTIONAL AND STATUTORY PROVISIONS
§4:20 RIGHT TO COUNSEL
§4:21 In General
§4:22 No Right To Hybrid Representation
§4:30 FIFTH AMENDMENT RIGHT TO COUNSEL
§4:31 Invocation of Fifth Amendment Right to Counsel
§4:31.1 Equivocal Invocation of Fifth Amendment Right
§4:31.2 Sufficient Invocation of Right to Counsel
§4:31.3 Insufficient Invocation of Right to Counsel
§4:31.4 Limited Invocation
§4:31.5 Invocation of Right by Suspect’s Attorney
§4:31.6 Reinitiation of Communication by the Accused
§4:31.7 When Officers Can Reapproach Suspect
§4:32 Waiver of Fifth Amendment Right to Counsel
§4:32.1 Valid Waivers
§4:32.2 Invalid Waivers
§4:40 SIXTH AMENDMENT RIGHT TO COUNSEL
§4:41 Invocation of Sixth Amendment Right to Counsel
§4:42 Waiver of Sixth Amendment Right to Counsel
§4:42.1 Valid Waivers
§4:42.2 Invalid Waivers
§4:43 Sixth Amendment Critical Stage Analysis
§4:43.1 Photographic Identification
§4:43.2 Police Lineup
§4:43.3 Handwriting and Voice Exemplars
§4:43.4 Dental Impressions
§4:43.5 Breath Tests and DWI Videotapes
§4:43.6 Confessions
§4:43.7 Arrest
§4:43.8 Arraignment
§4:43.9 Filing of Charges
§4:43.10 Examining Trials and Preliminary Hearings
§4:43.11 Indigency Hearings
RIGHT TO COUNSEL
AND EFFECTIVE
ASSISTANCE OF COUNSEL
Texas Criminal Lawyer’s Handbook 4-2
§4:43.12 Psychiatric and Competency Examinations
§4:43.13 Trial
§4:43.14 Revocation of Probation
§4:43.15 Contempt Proceedings
§4:43.16 Motions for New Trial
§4:43.17 Appeals
§4:43.18 Discretionary Review
§4:43.19 Juvenile Proceedings
§4:43.20 Guilty Pleas
§4:43.21 Rule 412 Hearings
§4:44 Remedy for Sixth Amendment Violations
§4:50 TRIAL COURT DUTY TO APPOINT COUNSEL
§4:51 Statutory Provisions
§4:52 Right to Appointment of Counsel in General
§4:52.1 Ten-Day Rule
§4:53 Establishing Indigence
§4:54 Assessing Costs for Court-Appointed Counsel
§4:55 Forms for Court-Appointed Counsel
§4:60 CONFLICTS OF INTEREST
§4:61 Waiver of Conflicts of Interest
§4:62 Situations Where Conflict Is Presented
§4:63 Situations Where No Conflict Is Presented
§4:64 Duty of Trial Court
§4:65 Duty of Counsel
§4:66 Replacement or Withdrawal of Counsel
§4:67 Disqualification of Counsel
§4:70 RIGHT TO SELFREPRESENTATION
§4:71 Statutory Provisions
§4:72 In General
§4:73 Waiver of Right to Counsel
§4:74 Duty of the Trial Court
§4:74.1 Valid Waivers of Counsel
§4:74.2 Invalid Waivers of Counsel
§4:74.3 Waiver of Waiver of Right to Counsel
§4:75 Failure of Non-Indigent Defendant to Retain Counsel
§4:76 Stand-By Counsel
§4:80 RIGHT TO COUNSEL AT ADMINISTRATIVE AND PRISON HEARINGS
RIGHT TO COUNSEL
AND EFFECTIVE
ASSISTANCE OF COUNSEL
4-3 Right to Counsel and Effective Assistance of Counsel
§4:90 RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
§4:91 In General
§4:92 Defendant’s Burden
§4:93 Duty of Counsel
§4:94 Raising Issue of Ineffective Counsel
§4:95 Ineffective Counsel
§4:95.1 Failure to Conduct Investigation
§4:95.2 Failure to Conduct Discovery
§4:95.3 Failure to Properly Carry Out Plea Bargaining
§4:95.4 Failure to Properly Advise on Guilty Pleas
§4:95.5 Failure to Properly Conduct Jury Selection
§4:95.6 Failure to Interview and Present Witnesses
§4:95.7 Improper Handling of Evidentiary Matters
§4:95.8 Improperly Handling Jury Charge
§4:95.9 Improper Handling of Punishment Phase
§4:95.10 Probation Revocations
§4:95.11 Appellate Matters
§4:95.12 Attorney-Client Relations
