Constitutional Law and Criminal Procedure—Criminal Defendant Erroneously Denied First-Choice Counsel Entitled to Automatic Reversal of Conviction—United States v. Gonzalez-Lopez, 126 S. Ct. 2557 (2006)

The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.”  The United States Supreme Court has interpreted this guarantee to protect the right of a defendant who does not require appointed counsel to choose who will represent him.  In United States v. Gonzalez-Lopez, the Supreme Court, faced with a circuit split, considered whether a trial court’s erroneous deprivation of a defendant’s choice of counsel entitles him to an automatic reversal of his conviction.  Justice Scalia, writing for a 5-4 Court, held that the denial of a defendant’s right to choose counsel violates the defendant’s Sixth Amendment rights regardless of whether prejudice is shown. . . .