context: One way that the Supreme Court has ensured that the Cronic exception will remain rare, the scope of the decision will be narrow, and the burden of establishing the exception will be heavy is by requiring that there be a complete denial or total failure of counsel, if not at trial generally, at least at a critical stage of the prosecution.
citation_a.signal: see
citation_a.identifier: 466 U.S. 659, 659
citation_a.parenthetical: "The presumption that counsel's assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage of his trial."
citation_a.sentence: See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“The presumption that counsel’s assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage of his trial.”); see also Bell, 535 U.S. at 697, 122 S.Ct. at 1851 (noting that counsel’s failure to test the prosecution’s case “at specific points” does not rise to the level of Cronic error).
citation_b.signal: see also
citation_b.identifier: 122 S.Ct. 1851, 1851
citation_b.parenthetical: noting that counsel's failure to test the prosecution's case "at specific points" does not rise to the level of Cronic error
citation_b.sentence: See Cronic, 466 U.S. at 659, 104 S.Ct. at 2047 (“The presumption that counsel’s assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage of his trial.”); see also Bell, 535 U.S. at 697, 122 S.Ct. at 1851 (noting that counsel’s failure to test the prosecution’s case “at specific points” does not rise to the level of Cronic error).