Sentences with phrase «effective assistance of counsel»

It's ironic, of course, that at a time when so many lawyers are unemployed, we'd have a problem with providing effective assistance of counsel.

In principle, I agree that the plea stage is a critical stage where effective assistance of counsel is paramount.

The right to effective assistance of counsel extends to all accused persons.

Every day, public defenders give teeth to the Sixth Amendment right to effective assistance of counsel by representing indigent criminal defendants without a fee.

For example, just last term, the U.S. Supreme Court held that a defendant's constitutional right to effective assistance of counsel under the Sixth Amendment is so sacrosanct that violation of the right is grounds for overturning a conviction, even in the absence of showing of actual prejudice.

Justice Campbell set out the legal standard governing whether effective assistance of counsel was present (or not).

She has served as an expert witness on the death penalty and on effective assistance of counsel, testified before the Louisiana legislature and frequently given expert commentary for news media.

As part of what may be a multi-year, sea change in the law of lawyering, the SCOTUS issued two more opinions that extended the constitutional guarantee of effective assistance of counsel to the plea bargaining stage of criminal matters.

Courts have come to differing conclusions regarding immigrants» rights to effective assistance of counsel in cases where deportation is involved.

The crux of the issue was whether Mr. Shofman's lawyer failed to allow Mr. Shofman to make the decision on whether to testify at his own trial and whether that failure, if it did occur, created a situation where effective assistance of counsel was lacking.

Public defender offices now can generate reliable data that shows they are too overworked to provide effective assistance of counsel, he says.

According to this press release summarizing the report, misdemeanor prosecutions are costing taxpayers and compromising defendants» Sixth Amendment right to effective assistance of counsel:

The majority rejected Padilla's argument, explaining that the lawyer's advice on immigration status was collateral to the criminal defense component of his representation, to which the Sixth Amendment right to effective assistance of counsel is attached.

coerced confessions, [Footnote 16] by the use of perjured testimony known by the prosecution to be such, [Footnote 17] or without the effective assistance of counsel, [Footnote 18] have also been held to be exertions of state authority in conflict with the fundamental rights protected by the Fourteenth Amendment.

I understand that the detainees» plight raises significant constitutional questions, but so too do the dozens of cases involving indigent criminals arrested on false warrants or deprived of effective assistance of counsel or forced to confess.

Justice Campbell found that Mr. Shofman was denied the effective assistance of counsel at his trial.13 Further, His Honour found that the ineffective assistance of counsel prejudiced Mr. Shoffman because had the decision on whether to testify been left to him, he would have elected to testify.14

Mr. Shofman appealed his conviction, arguing that he was denied the effective assistance of counsel at trial.

Rates like these compromise indigent defendants» constitutional rights to effective assistance of counsel and a fair trial, argue a group of court - appointed lawyers in Philadelphia, who've filed suit for a pay increase in federal court, according to this report.

We come at last to Sullivan's claim that he was denied the effective assistance of counsel guaranteed by the Sixth Amendment because his lawyers had a conflict of interest.