Friday, October 12, 2012

Alabama v. Shelton case brief

Alabama v. Shelton
535 U.S. 654


-Shelton (D), is an impoverished individual charged with a misdemeanor and was sent to the assistance of court-appointed counsel.
-D was sentenced to a jail term of 30 days, which the trial court immediately suspended, placing Shelton on probation for 2 years


Was the Sixth Amendment right to appointed counsel, was correctly directed?

Yes. A suspended sentence that may “end up in the actual deprivation of a person’s liberty” may not be imposed unless the D was accorded “the guiding hand of counsel” in the prosecution for the crime charged.


A penalty different in kind from fines or the mere threat of imprisonment, and is the line

-This case applies to Defendants who receive suspended sentences rather than actual incarceration.
-A suspended sentence is a prison term imposed for the offense of conviction. Once the prison term is triggered, the D is incarcerated not for the probation violation, but for the underlying offense. 

-Without counsel leading to conviction that results in imprisonment – shows the actual deprivation of a person’s liberty.


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