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Full-Text Articles in Law
State-Induced Error Of Law, Criminal Liability And Dunn V. The Queen: A Recent Non-Development In Criminal Law, Terence Arnold
State-Induced Error Of Law, Criminal Liability And Dunn V. The Queen: A Recent Non-Development In Criminal Law, Terence Arnold
Dalhousie Law Journal
Like other contributors to this Nova Scotia issue of the Law Journal I was asked to comment upon any interesting developments, whether in cases or legislation, that had occurred in a particular area of law, in my case criminal law, since the time of the last "round-up". 1 When I began I intended to do as I had been asked; and there were, indeed, a number of matters which I felt to be worthy of comment. 2 1 was waylaid, however. I came across a case in which the Appeal Division of the Nova Scotia Supreme Court took a position …
Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson
Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson
Law Faculty Scholarly Articles
This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …