Farrow v. Lipetzky

Brief of Amici Curiae National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice in Support of Plaintiffs-Appellants.

Brief filed: 01/17/2014


Farrow v. Lipetzky

9th Circuit Court of Appeals; Case No. 13-16781

Prior Decision

Decision below Case No. 12-cv-06495-JCS (Hon. Joseph C. Spero), 2013 WL 4042276 (N.D. Cal. Aug. 7, 2013).


A criminal defendant has a fundamental constitutional right to appointed counsel at any ‘critical stage’ of the proceedings against him. The defendant’s first appearance before a magistrate can result in substantial prejudice to the defendant’s rights. California’s initial appearance is a ‘critical stage’ requiring the presence of appointed counsel.

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Gia Cincone, Kilpatirck Townsend & Stockton LLP, San Francisco, CA; David Porter, Sacramento, CA.