United States Fourth Circuit

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US v. Holness, 11-4631

Conviction of interstate domestic violence and attempted witness intimidation are affirmed, where: 1) the Sixth Amendment right to counsel did not attach to the federal charges because the actions alleged to have resulted in a constitutional violation were taken by state authorities prior to the defendant's indictment on federal charges and the Sixth Amendment right to counsel has been deemed "offense specific," that is, it cannot be invoked once for all future prosecutions, for it does not attach until a prosecution is commenced; and 2) his Fifth Amendment rights to privilege against self-incrimination and concomitant right to counsel were potentially implicated, however any error was harmless beyond a reasonable doubt.

Appellate Information

  • Decided 02/11/2013
  • Published 02/11/2013

Judges

  • KING

Court

  • United States Fourth Circuit

Counsel

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