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Name: Anderson v. Alameida
Case #: 04-15751
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/02/2005

No right to counsel attaches where a defendant who has waived extradition proceedings is questioned by officers during a transfer between jurisdictions. The petitioner argued that his trial counsel was ineffective for failing to move to exclude a confession on the grounds that it had been made outside the presence of counsel in violation of the Sixth Amendment. The Ninth Circuit found no error or ineffective assistance, because the confession had occurred en route from New Hampshire to California, and despite the fact that he had been appointed a public defender in New Hampshire, defendant had ultimately waived…

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Name: People v. Wheelock
Case #: A096854
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/06/2004
Subsequent History: Rev. den. 6/30/04

The issuance of an arrest warrant and extradition proceedings against the defendant did not trigger his right to counsel. The defendant moved to suppress statements he made to law enforcement officials in Utah after he was arrested and held pending extradition to California. He argued that questioning outside the presence of an attorney violated his Sixth Amendment right to counsel, a right that he argued was triggered by the issuance of a California arrest warrant, or in the alternative by the commencement of extradition proceedings. The court rejected both arguments, holding that neither proceeding was sufficient to…

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