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Definitely Not Harmless: The Supreme Court Holds That The Erroneous Disqualification Of Retained Counsel Warrants Automatic Reversal In United States V. Gonzalez-Lopez, James A. Robson

Mercer Law Review

In United States v. Gonzalez-Lopez, the United States Supreme Court held that the erroneous disqualification of a criminal defendant's retained choice of counsel violates the Sixth Amendment to the United States Constitution and must result in the automatic reversal of the defendant's conviction. In reaching this conclusion, the Court rejected the Government's argument that a defendant who is denied his choice of counsel must prove prejudice by showing the defendant's substitute counsel was ineffective within the meaning of Strickland v. Washington. Instead, the Court concluded that because a complete violation of the Sixth Amendment's Counsel Clause occurs when …