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Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman
Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman
Hofstra Law Review
This piece, published in Part 1 of Hofstra Law Review’s symposium marking the tenth anniversary of the ABA’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, considers the converging pressures now impelling the states to provide the effective assistance of counsel in state capital post-conviction proceedings. On the one hand, Martinez v. Ryan, 132 S. Ct. 1309 (2012) - a case that will likely be expanded to a number of additional procedural and substantive contexts - warns the states that if they fail to provide such counsel, their capital convictions will be subject to searching …
Innocence After Death, Samuel Wiseman
Innocence After Death, Samuel Wiseman
Case Western Reserve Law Review
No abstract provided.
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) detail, success in capital post-conviction proceedings will depend not just on the quality of the legal arguments counsel advance but, probably more critically, on counsel's skill at changing the picture that has previously been presented. The old facts and legal arguments - those which resulted in a conviction and imposition of …
Introduction: Re-Stating The Standard Of Practice For Death Penalty Counsel: The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Eric M. Freedman
Hofstra Law Review
This is the Introduction to the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases, and summarizes its thirteen articles.
A central - indeed, arguably the central - duty of defense counsel in a capital case is to humanize the client in the eyes of those who will decide his fate. The daunting task of imagining, collecting, and presenting such mitigation evidence pervades counsel's responsibilities from themoment of detention on potentially capital charges to the instant of execution.
A truly multi-disciplinary team, with skills in eliciting and documenting sensitive …
Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.
Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann
Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The History Of Capital Appeals In Massachusetts, William J. Meade
The History Of Capital Appeals In Massachusetts, William J. Meade
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Chorus Of Liars: Opsahl V. State Of Minnesota, David T. Schultz
The Chorus Of Liars: Opsahl V. State Of Minnesota, David T. Schultz
William Mitchell Law Review
A recanting witness is a liar. Either he lied at trial or he is lying now. When the recanting witness’s new story is joined by others, so that his solo is now a chorus, the judicial system must find the delicate balance between fairness to society and protection of the individual defendant’s rights. When the case is old and the recanting witnesses many, the difficulty of finding that balance is even greater. Such were the circumstances facing the Minnesota Supreme Court when, in 2004, it heard the case of Darby Opsahl, a man convicted in 1992 of a murder that …
Making The Last Chance Meaningful: Predecessor Counsel's Ethical Duty To The Capital Defendant, Lawrence J. Fox
Making The Last Chance Meaningful: Predecessor Counsel's Ethical Duty To The Capital Defendant, Lawrence J. Fox
Hofstra Law Review
No abstract provided.
The Defunding Of The Post Conviction Defense Organizations As A Denial Of The Right To Counsel, Roscoe C. Howard Jr.
The Defunding Of The Post Conviction Defense Organizations As A Denial Of The Right To Counsel, Roscoe C. Howard Jr.
West Virginia Law Review
No abstract provided.
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Michigan Law Review
In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …
Ineffective Assistance Of Counsel In Voir Dire And The Admissibility Of Testimony Of Witherspoon Excluded Veniremen In Post-Conviction Evidentiary Hearings, Steven C. Bennett
Ineffective Assistance Of Counsel In Voir Dire And The Admissibility Of Testimony Of Witherspoon Excluded Veniremen In Post-Conviction Evidentiary Hearings, Steven C. Bennett
Louisiana Law Review
No abstract provided.
Postconviction Remedies, And Federal Jurisdiction: Tensions In The Allocation Of Judicial Power, Robert Popper, William B. De Meza
Postconviction Remedies, And Federal Jurisdiction: Tensions In The Allocation Of Judicial Power, Robert Popper, William B. De Meza
University of Richmond Law Review
Postconviction Remedies deals with a subject of great importance to the practitioner of criminal law. It is concerned with the procedures available to persons who seek relief from their convictions after trial and after direct review in the appellate courts. Though not usually a part of the law school curriculum and therefore not part of the attorney's formal training, the intricacies of postconviction remedies must be mastered by the lawyer who wishes to render skillful service to the convicted client. The trial and appeal are important battles, but others remain to be fought which can decide crucial issues seriously affecting …