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.
In Poindexter, the 6th Circuit reversed the lower court's decision that the defendant was deprived
of effective assistance of counsel during his trial.
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.
Not exact matches
After all, if
assistance of counsel isn't accurate, how can it be
effective?
Courts have come to differing conclusions regarding immigrants» rights to
effective assistance of counsel in cases where deportation is involved.
Perhaps in some instances, providing ineffective
assistance of counsel provides the accused with the most
effective defense against a death sentence.
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.
In principle, I agree that the plea stage is a critical stage where
effective assistance of counsel is paramount.
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.
If you have been charged with a white collar crime, a violent crime or any other offense, Mr. Hart will take decisive action to protect your constitutional rights and ensure that you receive the
effective assistance of competent
counsel at every stage
of the proceedings.
Justice Campbell set out the legal standard governing whether
effective assistance of counsel was present (or not).
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
February 17, 2017 — «The state public defender system in Louisiana is understaffed by 1,406 lawyers, according to an ABA study
of their workloads.The study (PDF) found that 1,769 full - time public defenders are needed to provide reasonably
effective assistance of counsel in Louisiana, but the state only employs 363 full - time equivalent PDs.
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.
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