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Ineffective-Assistance-Of-Counsel Blues: Navigating The Muddy Waters Of Georgia Law After 2010 State Supreme Court Decisions, Ryan C. Tuck
Ineffective-Assistance-Of-Counsel Blues: Navigating The Muddy Waters Of Georgia Law After 2010 State Supreme Court Decisions, Ryan C. Tuck
Georgia Law Review
The constitutional right to counsel is a guarantee of
effective counsel, but vindicating this right through an
ineffective assistance of counsel challenge (IC) is difficult
for most defendants, especially indigent ones. In Georgia,
the difficulty of arguing a successful IAC claim is
heightened by strange rules for when such claims can be
raised. Georgia long has adhered to an IAC timing
approach that few other jurisdictions still follow and the
Supreme Court has rejected, threatening waiver if
defendants do not argue IAC as early as practicable.
When appellate counsel is new, this opportunity is the
direct appeal. In contrast, most …
The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer
The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer
Georgia Law Review
The Third Branch of our federal government has
traditionally been viewed as the least of the three in
terms of the scope of its power and authority. This
view finds validation when one considers the
extensive authority that Congress has been permitted
to exercise over the Federal Judiciary. From the
beginning, Congress has understood itself to possess
the authority to limit the jurisdiction of inferior
federal courts. The Supreme Court has acquiesced to
this understanding of congressional authority
without much thought or explanation.
It may be possible, however, to imagine a more
robust vision of the Judicial Power through closer …