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Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel
Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel
Touro Law Review
The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.
Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson
Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson
Touro Law Review
No abstract provided.
The Time For Civil Gideon Is Now, Bernice K. Leber
The Time For Civil Gideon Is Now, Bernice K. Leber
Touro Law Review
No abstract provided.
Unstoppable V. Unwaivable, Steven Benjamin
Unstoppable V. Unwaivable, Steven Benjamin
Washington and Lee Law Review
No abstract provided.
Validating The Right To Counsel, Brandon L. Garrett
Validating The Right To Counsel, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Washington and Lee Law Review
No abstract provided.
The Problem With Misdemeanor Representation, Erica Hashimoto
The Problem With Misdemeanor Representation, Erica Hashimoto
Washington and Lee Law Review
No abstract provided.
Two Rights To Counsel, Josh Bowers
Two Rights To Counsel, Josh Bowers
Washington and Lee Law Review
No abstract provided.
“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Washington and Lee Law Review
No abstract provided.
Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King
Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King
Washington and Lee Law Review
No abstract provided.
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Washington and Lee Law Review
No abstract provided.
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Washington and Lee Law Review
No abstract provided.
Gideon Skepticism, Alexandra Natapoff
Gideon Skepticism, Alexandra Natapoff
Washington and Lee Law Review
The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …
Crashing The Misdemeanor System, Jenny Roberts
Crashing The Misdemeanor System, Jenny Roberts
Washington and Lee Law Review
No abstract provided.
Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross
Washington and Lee Law Review
No abstract provided.
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Washington and Lee Law Review
No abstract provided.
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Washington and Lee Law Review
No abstract provided.
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Washington and Lee Law Review
No abstract provided.
William E. Nelson, Fighting For The City: A History Of The New York City Corporation Counsel, Douglas D. Scherer
William E. Nelson, Fighting For The City: A History Of The New York City Corporation Counsel, Douglas D. Scherer
Touro Law Review
No abstract provided.
Overlooked Guidelines: Using The Guidelines To Address The Defense Need For Time And Money, Meredith Martin Rountree, Robert C. Owen
Overlooked Guidelines: Using The Guidelines To Address The Defense Need For Time And Money, Meredith Martin Rountree, Robert C. Owen
Hofstra Law Review
In 2003, Professor Eric M. Freedman, Reporter for the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, observed that one of the ABA Guidelines’ central virtues was to recognize that the death penalty is expensive. Fairness in the application of the ultimate punishment requires governments to develop systems to allocate essential resources, like compensation for counsel and funds for experts and investigators. Ten years later, this Article revisits Professor Freedman’s observation by exploring the question of resources and urging counsel to increase their use of the ABA Guidelines in fighting for the irreducible …
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
Hofstra Law Review
Courts interpreting effective representation should look at authoritative statements of what counsel ought to do (such as the ABA Guidelines), rather than what may be customary among practitioners whose clients frequently end up on death row. Most cases avoid death sentences, and the standards are established by practitioners who represent capital clients successfully.
Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman
Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman
Hofstra Law Review
This piece, published in Part 1 of Hofstra Law Review’s symposium marking the tenth anniversary of the ABA’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, considers the converging pressures now impelling the states to provide the effective assistance of counsel in state capital post-conviction proceedings. On the one hand, Martinez v. Ryan, 132 S. Ct. 1309 (2012) - a case that will likely be expanded to a number of additional procedural and substantive contexts - warns the states that if they fail to provide such counsel, their capital convictions will be subject to searching …