What is the test for a defendant's Sixth Amendment right to counsel in his second trial?
California, United States of America
The following excerpt is from People v. Resvaloso, E051096 (Cal. App. 2012):
The primary issue on appeal involves the effect of an error in the first trial on the second trial. Relying on Massiah v. United States (1964) 377 U.S. 201, 207 and People v. Viray (2005) 134 Cal.App.4th 1186, the parties agree that the first trial court violated defendant's Sixth Amendment right to counsel when it ruled that defendant's 2003
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