Alberto Rivera v. Tim Thomas, Warden
Can law enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a 'critical stage' without a countervailing interest, and not run afoul of the Sixth Amendment's right to counsel of choice as long as they provide substitute counsel?
Can lav* enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a "critical stage'/ without a countervailing interest, and not run afoul of the Sixth Amendment's right to counsel of choice as long as they provide substitute counsel?1 . Is it time for this Court to revisit the issue regarding substitute counsel that has left open in Wade where law enforcement officials have used this point to circumvent a defendant's right to the presence of their retained counsel at "critical stages"?2. Is it time to modify the precedent regarding offense-specificity where there are factually related charged and uncharged offenses that are so inextricably intwined that the Sixth Amendment right to counsel must prevail?3. 1