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An indigent defendant charged with a felony in state court is denied appointed counsel. Which explanation most accurately connects the…

An indigent defendant charged with a felony in state court is denied appointed counsel. Which explanation most accurately connects the required precedent in Gideon v. Wainwright to the defendant's claim?

Answer and explanation

Answer: C: The Fourteenth Amendment's Due Process Clause makes the Sixth Amendment right to counsel applicable to the states through selective incorporation

In Gideon v. Wainwright, the Court held that the Fourteenth Amendment's Due Process Clause makes the Sixth Amendment right to appointed counsel in felony cases applicable to the states through selective incorporation, so C is correct. Choice A is tempting because federal law is supreme, but the Supremacy Clause was not the mechanism and does not import every federal procedure. Choice B limits counsel to death-penalty cases, which Gideon did not. Choice D claims the Privileges or Immunities Clause incorporates every right identically, but incorporation has relied on Due Process and proceeded provision by provision.

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