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Articles 1 - 30 of 32
Full-Text Articles in Law
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
Michigan Law Review
This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …
Mu'min V. Virginia 111 S. Ct. 1899 (1991)
Mu'min V. Virginia 111 S. Ct. 1899 (1991)
Capital Defense Journal
No abstract provided.
Mccleskey V. Zant 111 S. Ct. 1454 (1991)
Mccleskey V. Zant 111 S. Ct. 1454 (1991)
Capital Defense Journal
No abstract provided.
Arizona V. Fulminante 111 S. Ct. 1246, (1991)
Arizona V. Fulminante 111 S. Ct. 1246, (1991)
Capital Defense Journal
No abstract provided.
Strickler V. Commonwealth 241 Va. 482, 404 S.E.2d 227 (1991)
Strickler V. Commonwealth 241 Va. 482, 404 S.E.2d 227 (1991)
Capital Defense Journal
No abstract provided.
Introduction, William S. Geimer
Coleman V. Thompson 111 S. Ct. 2546 (1991)
Coleman V. Thompson 111 S. Ct. 2546 (1991)
Capital Defense Journal
No abstract provided.
Ford V. Georgia 111 S. Ct. 850 (1991)
Lankford V. Idaho 111 S. Ct. 1723 (1991)
Lankford V. Idaho 111 S. Ct. 1723 (1991)
Capital Defense Journal
No abstract provided.
Yates V. Evatt 111 S. Ct. 1884 (1991)
Schad V. Arizona 111 S. Ct. 2491 (1991)
Payne V. Tennessee 111 S. Ct. 2597 (1991)
Payne V. Tennessee 111 S. Ct. 2597 (1991)
Capital Defense Journal
No abstract provided.
Stamper V. Muncie 944 F.2d 170 (4th Cir. 1991)
Stamper V. Muncie 944 F.2d 170 (4th Cir. 1991)
Capital Defense Journal
No abstract provided.
Quesinberry V. Commonwealth 241 Va. 364,402 S.E.2d 218 (1991)
Quesinberry V. Commonwealth 241 Va. 364,402 S.E.2d 218 (1991)
Capital Defense Journal
No abstract provided.
Retroactivity, Habeas Corpus, And The Death Penalty: An Unholy Alliance, Karl N. Metzner
Retroactivity, Habeas Corpus, And The Death Penalty: An Unholy Alliance, Karl N. Metzner
Duke Law Journal
No abstract provided.
In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?
In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?
Washington and Lee Law Review
No abstract provided.
Wake Up And Die Right: The Rationale, Standard, And Jurisprudential Significance Of The Competency To Face Execution Requirement, Robert F. Schopp
Wake Up And Die Right: The Rationale, Standard, And Jurisprudential Significance Of The Competency To Face Execution Requirement, Robert F. Schopp
Louisiana Law Review
No abstract provided.
Introduction, William S. Geimer
Cage V. Louisiana 111 S. Ct. 328 (1990)
Evans V. Muncie 916 F.2d 163 (1990)
Bassette V. Thompson 915 F.2d 932 (1990)
Bassette V. Thompson 915 F.2d 932 (1990)
Capital Defense Journal
No abstract provided.
Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas
Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas
Capital Defense Journal
No abstract provided.
Drafting Petitions For The Writ Of Certiorari To The United States Supreme Court, Matthew B. Crum
Drafting Petitions For The Writ Of Certiorari To The United States Supreme Court, Matthew B. Crum
Capital Defense Journal
No abstract provided.
The Current State Of Dna Evidence, Christopher J. Lonsbury
The Current State Of Dna Evidence, Christopher J. Lonsbury
Capital Defense Journal
No abstract provided.
Gaskins V. Mckellar 916 F.2d 941 (1990)
How To Look The Virginia Gift Horse In The Mouth: Federal Due Process And Virginia's Arbitrary Abrogation Of Capital Defendant's State-Created Rights, Otto W. Konrad
Capital Defense Journal
No abstract provided.
Short V. The Kingdom Of The Netherlands: Is It Time To Renegotiate The Nato Status Of Forces Agreement?, Steven J. Lepper
Short V. The Kingdom Of The Netherlands: Is It Time To Renegotiate The Nato Status Of Forces Agreement?, Steven J. Lepper
Vanderbilt Journal of Transnational Law
Major Lepper examines an apparent irreconcilability between the NATO Status of Forces Agreement (SOFA) and the European Convention on Human Rights (ECHR) as reflected in the recent Dutch High Court decision of Short v. The Kingdom of the Netherlands. Staff Sergeant Short, a member of the United States Air Force, was charged with the murder of his wife. Under the SOFA, the Netherlands was obligated to surrender Short to the United States. It refused, basing its actions on its adherence to the ECHR and its concerns about the possible implementation of the death penalty in the United States.
The ECHR …
Colloquy: Black Box Decisions On Life Or Death--If They're Arbitrary, Don't Blame The Jury: A Reply To Judge Patrick Higginbotham, Vivian Berger
Colloquy: Black Box Decisions On Life Or Death--If They're Arbitrary, Don't Blame The Jury: A Reply To Judge Patrick Higginbotham, Vivian Berger
Case Western Reserve Law Review
No abstract provided.
Jury Waiver In Capital Cases: An Assessment Of The Voluntary, Knowing, And Intelligent Standard, Paul Mancino Iii
Jury Waiver In Capital Cases: An Assessment Of The Voluntary, Knowing, And Intelligent Standard, Paul Mancino Iii
Cleveland State Law Review
This Note analyzes both the federal and various state standards as to what constitutes a voluntary, knowing, and intelligent waiver of trial by jury in capital cases. Through this analysis it will become apparent that the various standards among the different jurisdictions of a voluntary, knowing, and intelligent waiver are marked with disparity. This Note also argues that the jury waiver statutes in many jurisdictions fail to provide enough information for the capital defendant to make a voluntary, knowing, and intelligent waiver of the right to trial by jury while cognizant of the relevant circumstances and likely consequences. This deficiency …
Colloquy: Juries And The Death Penalty, Patrick E. Higginbotham
Colloquy: Juries And The Death Penalty, Patrick E. Higginbotham
Case Western Reserve Law Review
No abstract provided.