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Full-Text Articles in Law
Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic
Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic
Cleveland State Law Review
In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only …
#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray
#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray
Global Business Law Review
This note examines the Supreme Court’s substantial need to weigh in on how filter teams should be used given current circuit splits and identifies several best practices to remedy the issues they currently present. Part I discusses the principal issues for which filter teams are scrutinized. Namely, numerous district courts hold that filter teams provide the government with the unfair advantage of determining which materials from their opposing counsel are privileged. This often leads to an overly broad inclusion of privileged documents, which can violate defendants’ Sixth Amendment rights to a fair and complete trial. Some courts even go so …
The Replacements: Conflicting Standards For Obtaining New Counsel Under The Sixth Amendment, Sharon Finegan
The Replacements: Conflicting Standards For Obtaining New Counsel Under The Sixth Amendment, Sharon Finegan
Cleveland State Law Review
In 2006, the Supreme Court handed down a decision in United States v. Gonzalez-Lopez emphasizing the importance of a defendant’s right to counsel of choice under the Sixth Amendment and holding a denial of this right constitutes structural error, requiring automatic reversal. Following that decision, several federal circuit courts and state appellate courts have questioned how to apply this right to circumstances where the right to choice of counsel and the right to appointed counsel overlap. When a defendant seeks to replace retained counsel for appointed counsel, should the standard governing his motion fall under the right to choice of …
Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst
Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst
Cleveland State Law Review
The author contends that the doctrine of forfeiture of the right to assistance of counsel as a sanction for misconduct by a defendant towards the court or his counsel has no constitutional support in the principles that have defined the Sixth Amendment, is arbitrary in its application within the judicial system, and has become a refuge for courts, which have inadequately complied with established principles to protect fundamental rights.
The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason
Cleveland State Law Review
In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.
Right To Counsel In Criminal Cases, Edward T. Haggins
Right To Counsel In Criminal Cases, Edward T. Haggins
Cleveland State Law Review
"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.