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CA6: Admission of financial affidavit for appointment of counsel as evidence of guilt was error

By John Wesley Hall, Jr.

The District Court erred [but not plain error] in admitting defendant's affidavit for appointment of counsel as evidence of guilt. It violates the Simmons rule. United States v. Aguirre, 2010 U.S. App. LEXIS 9977, 2010 FED App. 0139P (6th Cir. May 17, 2010): To summarize, the defendant has a right to counsel if he can demonstrate financial inability. Demonstrating financial inability may require the disclosure of information. If truthful, this information disclosed to demonstrate financial inability should not be admitted against defendant at trial on the issue of guilt because to do so would force a defendant to choose between his Sixth Amendment right to counsel and his Fifth Amendment right against self incrimination. Therefore, we hold that, if the defendant has disclosed truthful information to demonstrate financial inability and obtain counsel under the Sixth Amendment, that information may not thereafter be admitted against him at trial on the issue of guilt...continue to full post

Full post as published by Law Of Criminal Defense on May 19, 2010 (boomark / email).