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Washington and Lee Law Review

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Full-Text Articles in Law

Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky Jan 2013

Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky

Washington and Lee Law Review

A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important “personal” rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant’s right to testify. This Article proposes a new test to better secure and enforce …


The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown Sep 2002

The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown

Washington and Lee Law Review

No abstract provided.


"Your Papers, Please." Is An Identification Requirement Constitutional? Jan 1980

"Your Papers, Please." Is An Identification Requirement Constitutional?

Washington and Lee Law Review

No abstract provided.


Expanding Criminal Procedural Rights Under State Constitutions Sep 1976

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.


Lefkowitz V. Newsome: The Supreme Court Takes Another Look At Guilty Pleas Jan 1976

Lefkowitz V. Newsome: The Supreme Court Takes Another Look At Guilty Pleas

Washington and Lee Law Review

No abstract provided.


Judicial Problems In Administering Court Appointment Of Counsel For Indigents Mar 1971

Judicial Problems In Administering Court Appointment Of Counsel For Indigents

Washington and Lee Law Review

No abstract provided.


For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan Sep 1968

For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan

Washington and Lee Law Review

No abstract provided.


The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter Mar 1966

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.


A Handbook Of Federal Habeas Corpus. Ronald P. Sokol. Mar 1966

A Handbook Of Federal Habeas Corpus. Ronald P. Sokol.

Washington and Lee Law Review

No abstract provided.


Road Blocks To Inspect Drivers' Licenses Sep 1963

Road Blocks To Inspect Drivers' Licenses

Washington and Lee Law Review

No abstract provided.


Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii Sep 1962

Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii

Washington and Lee Law Review

No abstract provided.


Multiple Prosecutions, Collateral Estoppel And The Constitution Mar 1959

Multiple Prosecutions, Collateral Estoppel And The Constitution

Washington and Lee Law Review

No abstract provided.


A Double Jeopardy Dilemma In The Federal Courts Sep 1958

A Double Jeopardy Dilemma In The Federal Courts

Washington and Lee Law Review

No abstract provided.