The Necessity of Counsel in a Prior Conviction When the Prior Conviction is to be Used for Enhancement of Punishment or as an Element of the Offense
Brakebill, Marwin B.
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Discusses whether an accused has the right to counsel during proceedings for a misdemeanor conviction when conviction will be used for enhancement or as an element in a separate felony or misdemeanor conviction. It analyzes the effects of Gideon v. Wainwright and Burgett v. Texas. Further, it explains offenses where counsel is required and the use of prior convictions.