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Timothy O'Toole Quoted Regarding Impact of Sixth Amendment Ruling in Luis v. U.S. in The National Law Journal

Subtitle
"An Unusual Divide Hands Victory to Criminal Defense Bar"

The National Law Journal

Timothy O'Toole was quoted regarding the impact of the U.S. Supreme Court's decision in Luis v. United States. The Court ruled that prosecutors are barred from freezing criminal defendants' assets unconnected to their crimes, which may be needed to hire defense counsel. "From a 50,000-foot level, it's a very big decision," O'Toole said. "The Supreme Court until today had never said the Sixth Amendment right to counsel of choice trumps a federal statute that appears to have allowed the government to obtain untainted assets to pay for a defense." The case is "a big deal in the sense that a five-member majority talks about a vibrant right to counsel in a way that is new. Other decisions of the court had suggested that the right to counsel of choice was far more limited in this context," he said, adding that "a decision the other way would have opened the floodgates on this."