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Thursday, October 14, 2004

Self-incrimination and the right to counsel. A defendant who wants a court-appointed lawyer but claims that forced public disclosure of his finances will violate the privilege against self-incrimination must face an open hearing with the government present, according to a decision by District Judge Sweet.

This will certainly be heading to the Second Circuit and maybe to the Supreme Court. I do not have the full decision yet -- I've only read this article -- but will post again on this fascinating (to me, at least) topic at a later date after I've read the decision. (I'm not sure, but you might need a subscription to the New York Law Journal on-line to access the article.)

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