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State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain 2010 University of Washington School of Law

State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain

Washington Law Review

In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …


The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith 2010 University of Washington School of Law

The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith

Washington Law Review

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …


State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain 2010 University of Washington School of Law

State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain

Washington Law Review

In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …


The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith 2010 University of Washington School of Law

The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith

Washington Law Review

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …


The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith 2010 University of Washington School of Law

The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith

Washington Law Review

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …


The "Green" Effect On White Collar Sentencing: An Analysis Of The Impact Of The Economy On Imprisonment Lengths Of Sentences For Federal White Collar Defendants, Jessica P. Morgan 2010 Mercer University School of Law

The "Green" Effect On White Collar Sentencing: An Analysis Of The Impact Of The Economy On Imprisonment Lengths Of Sentences For Federal White Collar Defendants, Jessica P. Morgan

Mercer Law Review

On June 29, 2009, Bernard L. Madoff was sentenced to 150 years in prison for his creation and perpetration of an unprecedented, worldwide "Ponzi" scheme, which caused an ultimate loss to thousands of investors totaling upwards of $65 billion. Although Madoff's Ponzi scheme caused more investor losses than any one similar scheme in American history, many were shocked by the severity of Madoff's sentence. As a man in his seventies, a sentence of 150 years incarceration is well beyond a life sentence and serves as a symbol to deter those who would engage in similar conduct in the future. ... …


Gideon'S Ghost: Providing The Sixth Amendment Right To Counsel In Times Of Budgetary Crisis, Heather P. Baxter 2010 Nova Southeastern University - Shepard Broad Law Center

Gideon'S Ghost: Providing The Sixth Amendment Right To Counsel In Times Of Budgetary Crisis, Heather P. Baxter

Faculty Scholarship

This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. The landmark case of Gideon v. Wainwright required states, under the Sixth Amendment, to provide free counsel to indigent criminal defendants. However, as a result of the current financial crisis, many of those who represent the indigent have found their funding cut dramatically. Consequently, Gideon survives, if at all, only as a ghostly shadow prowling the halls of criminal justice throughout the country.

This Article analyzes specific budget cuts from various states and …


Forward: Symposium On Broke And Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff 2010 University of Missouri School of Law

Forward: Symposium On Broke And Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff

Faculty Publications

The Symposium presenters and commentators, most of whom had worked at some point in their career as a public defender, brought a wealth of experience to the discussion. While the presentations and comments made that day, together with the articles that follow in this Symposium issue, do not provide any quick fix or easy solution, they do offer some important lessons for lawmakers to consider as states struggle to improve the plight of indigent defenders and their clients.


Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold 2010 University of Arkansas Little Rock

Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold

University of Arkansas at Little Rock Law Review

No abstract provided.


International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. McNeal 2010 University of Arkansas Little Rock

International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal

University of Arkansas at Little Rock Law Review

No abstract provided.


Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb 2010 Cornell Law School

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi 2010 Nevada Law Journal

Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi

Nevada Supreme Court Summaries

This is an appeal from a judgment of conviction in the Second Judicial District Court, pursuant to a jury verdict of second-degree felony murder by means of child abuse, neglect, or endangerment.


Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni 2010 Nevada Law Journal

Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni

Nevada Supreme Court Summaries

No abstract provided.


Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory 2010 Benjamin N. Cardozo School of Law

Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory

Cardozo Law Review

No abstract provided.


Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow 2010 NYU School of Law

Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow

Cardozo Law Review

No abstract provided.


Emotionally Charged: The Prosecutorial Charging Decision And The Innocence Revolution, Daniel S. Medwed 2010 S.J. Quinney College of Law, University of Utah

Emotionally Charged: The Prosecutorial Charging Decision And The Innocence Revolution, Daniel S. Medwed

Cardozo Law Review

No abstract provided.


New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, 2010 Yeshiva University, Cardozo School of Law

New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices

Cardozo Law Review

No abstract provided.


Resurrecting Autonomy: The Criminal Defendant's Right To Control The Case, Erica J. Hashimoto 2010 University of Georgia

Resurrecting Autonomy: The Criminal Defendant's Right To Control The Case, Erica J. Hashimoto

Scholarly Works

In Faretta v. California, the Supreme Court exalted the value of autonomy – the criminal defendant’s interest in presenting and controlling the defense. Over the course of the past thirty-five years, however, the Court’s enthusiasm has dissipated, and commentators have criticized courts that have given defendants any measure of control over their cases. As a result, lower courts increasingly have shifted control from defendants to their lawyers. In light of that retrenchment, this Article reevaluates the autonomy interest on its merits. This reexamination confirms that Faretta got it right, and the Supreme Court should revitalize the constitutional interest of criminal …


Talking About Prosecutors, Alafair S. Burke 2010 Hofstra Law School

Talking About Prosecutors, Alafair S. Burke

Cardozo Law Review

No abstract provided.


Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings 2010 The George Washington University Law School

Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings

Cardozo Law Review

No abstract provided.


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