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When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
Faculty Scholarship
This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.
Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert
Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert
Faculty Scholarship
Recently, the Maryland Court of Appeals became the first state court of last resort to reject Gideon v. Wainwright’s guarantee of counsel at the bail stage. In ruling sua sponte that bail is not a critical stage entitling indigent defendants to invoke their constitutional right to counsel, the Fenner Court held that statements offered by an unrepresented and non-Mirandized indigent defendant were admissible at trial. I contend that the Fenner ruling may transform the pretrial fact-gathering process by providing prosecutors with an additional source of evidence against indigent defendants, namely statements made at a judicial proceeding for the purpose …