DueProcess JusticiabilityDoctri
Whether a trial court violates the Sixth Amendment right to independent counsel in denying a defense application for necessary expert services pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A(e), and then relies on the resulting dearth of evidence to impose a longer prison sentence?
Questions Presented As matters of first impression: Whether a trial court violates the Sixth Amendment right to independent counsel in denying a defense application for necessaty expert services pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A(e), and then relies on the resulting dearth of evidence to impose a longer prison sentence? Whether 18 U.S.C. § 3006A(d)(2)-(3) — the subparagraphs of the Criminal Justice Act that give judges power over the defense function — should be stricken as what they are: unconstitutional? i