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1-162 out of 162 article(s)
Title Author Type Date Words
Sixth Amendment Federalism. Capozzi, Louis J., III Jun 22, 2020 33279
CAN YOU SEE AND HEAR US, MS. SMITH? PROTECTING DEFENDANTS' RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN USING AUDIO AND VIDEO CONFERENCING IN JUDICIAL PROCEEDINGS. Valchev, Ivaylo Jun 22, 2020 11475
PASSED & FUTURE: CRITIQUE OF MICHIGAN INDIGENT DEFENSE COMMISSION & THE SUCCESSFUL IMPLEMENTATION OF THEIR MINIMUM STANDARDS. Moore, Elisabeth E. Jan 1, 2020 8223
PREJUDICE-BASED RIGHTS IN CRIMINAL PROCEDURE. Murray, Justin Jan 1, 2020 27336
GENTRIFICATION AND COUNTERMOVEMENT: THE RIGHT TO COUNSEL AND NEW YORK CITY'S AFFORDABLE HOUSING CRISIS. Whitlow, John Oct 1, 2019 23943
Reinforcing Autonomy: Legal Ethics and Constitutional Compliance in Indigent Criminal Defense. Brand, George R. Sep 22, 2019 6552
RACIAL ANTAGONISM, SEXUAL BETRAYAL, GRAFT, AND MORE: RETHINKING AND REMEDYING THE UNIVERSE OF DEFENSE COUNSEL FAILINGS. Johnson, Sheri Lynn Sep 1, 2019 26595
Ineffective assistance claim fails. Bridges, Barry Apr 25, 2019 1337
SJC decision may aid push for right to eviction counsel. Olson, Kris Apr 18, 2019 2105
CONSTITUTIONAL LAW--EIGHTY-SIX THE SIXTH AMENDMENT: THE SIXTH AMENDMENT RIGHT TO COUNSEL APPLIES TO PREINDICTMENT PLEA NEGOTIATIONS TOO-TURNER V. UNITED STATES, 885 F.3D 949 (6TH CIR. 2018) (EN BANC). Lovely, Sierra Jan 1, 2019 6777
INEFFECTIVE ASSISTANCE OF PADILLA: EFFECTUATING THE CONSTITUTIONAL RIGHT TO CRIMMIGRATION COUNSEL. Wiessner, Greta A. Jan 1, 2019 16157
Judicial conduct board proposes change to appointed counsel in disability cases. Olson, Kris Oct 4, 2018 530
Plight of the Public Defender: Excessive Caseload as a Non-Mitigating Factor in Sanctions for Ethical Violations. Payne, Taylor Sep 22, 2018 15209
Failure to raise merger was ineffective assistance. Lightle, Rebecca M. Jun 29, 2018 1113
4th Cir.: Failure to raise appellate issue was ineffective assistance. Lightle, Rebecca M. Jun 27, 2018 1113
4th Cir.: Imprisonment not sufficient to appoint counsel. Lightle, Rebecca M. Jun 24, 2018 848
GIDEON GOES TO SCHOOL: AN ARGUMENT FOR A RIGHT TO APPOINTED COUNSEL IN SCHOOL DISCIPLINARY PROCEEDINGS. Weinhold, Eric Jun 22, 2018 9573
CAV: Indigent defendant not entitled to expert. Lightle, Rebecca M. May 8, 2018 1430
4th Cir.: No error in denying counsel at sentencing. Lightle, Rebecca M. May 8, 2018 1857
NON-MERIT-BASED TESTS HAVE NO MERIT: RESTORING DISTRICT COURT DISCRETION UNDER s. 1915(E)(1). FitzGerald, John R. May 1, 2018 10752
Not Objecting to Prosecutor's Offering of Fifth Amendment Protections from a Civil Deposition Is Ineffective Assistance of Counsel: Christian v. State. Meyer, Anthony J. Jan 1, 2018 7668
A policyholders right to select counsel at insurers expense. Pisegna, Vincent J.; Cichello, Anthony J. Oct 26, 2017 795
DISRUPTING INJUSTICE: FIFTY YEARS POST MIRANDA AND GAULT: A CALL TO ACTION TO RE-EXAMINE THE RIGHTS OF CHILDREN IN CONFLICT WITH THE LAW. Clarke, Elizabeth E. Sep 22, 2017 7954
The disappearing sixth amendment. Ciaramella, C.J. May 24, 2017 460
Revisiting Turner v. Rogers. Robertson, Ashley May 1, 2017 21598
Lessons from New Orleans: a stronger role for public defenders in spurring indigent defense reform. Factor, Ace M. Apr 1, 2017 14303
Custody: kids, counsel and the constitution. Halbrook, Amy E. Mar 22, 2017 18847
State incentives, plea bargaining regulation, and the failed market for indigent defense. Griffin, Lisa Kern Jan 1, 2017 12055
VAWA 2013's right to appointed counsel in tribal court proceedings - a rising tide that lifts all boats or a procedural windfall for non-Indian defendants? Gross, Jordan Dec 22, 2016 28938
THE CONSTITUTION V. THE CONVENTION: THE EVOLUTION OF THE COURT-MANDATED RIGHT TO COUNSEL IN THE UNITED STATES AND EUROPE. Beale, Sara Sun; Myers, Richard E. Sep 22, 2016 15469
Rationed justice. Smith, Jennifer M. Jun 22, 2016 7079
The prosecutor's turn. Capers, I. Bennett Mar 1, 2016 13687
Time to reconsider in-court representation of legal assistance clients. Losco, Felix A. Dec 6, 2015 11418
Pinholster's hostility to victims of ineffective state habeas counsel. Utrecht, Jennifer Oct 1, 2015 15910
Why only Gideon? Martinez v. Ryan and the "equitable" right to counsel in habeas corpus. Uhrig, Emily Garcia Jun 22, 2015 17844
Trevino v. Thaler: falling short of meaningful federal habeas corpus reform. Law, Cristina Jun 22, 2015 14212
The new role of federal habeas courts in guaranteeing the right to effective assistance of counsel. Proctor, Gray R. Jun 1, 2015 4388
Getting their due (process): parents and lawyers in special education due process hearings in Pennsylvania. Hoagland-Hanson, Kevin May 1, 2015 16897
Make them hear you: participatory defense and the struggle for criminal justice reform. Moore, Janet; Sandys, Marla; Jayadev, Raj Mar 22, 2015 14243
Doin' time for an unproven crime: the problem of unpreserved evidence sufficiency issues in criminal appeals. Sanders, Richard Mar 22, 2015 17673
Pro se paternalism: the contractual, practical, and behavioral cases for automatic reversal. Rand, Justin L. Dec 1, 2014 19336
Speedy trial as a viable challenge to chronic underfunding in indigent-defense systems. Rose, Emily Nov 1, 2014 18624
A change in the environment of plea bargaining: using the inspiration of administrative procedural safeguards like NEPA to add process protections. Jedick, Jared Robert Jul 1, 2014 14044
Balancing the Sixth Amendment on the scales of justice: is the lawyer or the client in control of the proceedings? Levine, Caroline Johnson Jun 22, 2014 4395
Lawyering to the lowest common denominator: Strickland's potential for incorporating underfunded norms into legal doctrine. Lucas, Lauren Sudeall Mar 22, 2014 9944
Putting plea bargaining on the record. Mallord, Joel Feb 1, 2014 16180
Imposing indigence: reclaiming the qualified right to counsel of choice in criminal asset forfeiture cases. Lasky, Matthew R. Jan 1, 2014 13229
A fair trial: when the Constitution requires attorneys to investigate their clients' brains. Koenig, Ellen G. Nov 1, 2013 18968
Nearing thirty years: the Burger court, Strickland v. Washington, and the parameters of the right to counsel. Kastenberg, Joshua Sep 22, 2013 4899
Nearing thirty years: the Burger court, Strickland v. Washington, and the parameters of the right to counsel. Kastenberg, Joshua Sep 22, 2013 16725
Sixth Amendment right to counsel: broaden the scope, decriminalize, and ensure indigents a fair chance in court and in life. Pena, Maria C. Jun 22, 2013 10973
Plea bargaining and the right to counsel at bail hearings. Gerstein, Charlie Jun 1, 2013 11228
Counsel's control over the presentation of mitigating evidence during capital sentencing. Blakemore, James Michael May 1, 2013 11923
Truth, justice, and the American style plea bargain. Strutin, Ken Mar 22, 2013 8600
Truth, justice, and the American style plea bargain. Strutin, Ken Mar 22, 2013 19020
The rise and fall of New York's Rogers-Bartolomeo Rule. Dillon, Mark C.; Lubell, Lewis J. Mar 22, 2013 18394
Safeguards for mentally disabled respondents in removal proceedings. Greer, Christina P. Mar 22, 2013 16137
"Hold" on: the remarkably resilient, constitutionally dubious 48-hour hold. Mulroy, Steven J. Mar 22, 2013 18687
"Hold" on: the remarkably resilient, constitutionally dubious 48-hour hold. Mulroy, Steven J. Mar 22, 2013 5500
Mere negligence or abandonment? Evaluating claims of attorney misconduct after Maples v. Thomas. Zupac, Wendy Zorana Mar 1, 2013 19378
50 years later: memories of Gideon v. Wainwright. Jacob, Bruce R. Mar 1, 2013 4421
Gideon's legacy: exonerating the innocent. Pudlow, Jan Mar 1, 2013 2004
Uncounseled tribal court guilty pleas in state and federal courts: individual rights versus tribal self-governance. Martenson, Christiana M. Feb 1, 2013 13840
R v. Sinclair: balancing individual rights and societal interests outside of section 1 of the Charter. MacDonnell, Vanessa A. Sep 22, 2012 11890
Agency and equity: why do we blame clients for their lawyers' mistakes? Liptak, Adam Apr 1, 2012 5104
State v. Castillo: the Louisiana Supreme Court's denial of an indigent defendant's right to appointed counsel in a first-tier discretionary review. Barbosa, Sklar Mar 22, 2012 9926
Triaging appointed-counsel funding and pro se access to justice. Barton, Benjamin H.; Bibas, Stephanos Mar 1, 2012 12354
Insurmountable obstacles: structural errors, procedural default, and ineffective assistance. Burns, Amy Knight Mar 1, 2012 18044
The "flesh and blood" defense. Evans, James Erickson Mar 1, 2012 14115
Desperate times call for desperate measures: reclassifying drug possession offenses in response to the indigent defense crisis. Gratton, Kaitlin C. Jan 1, 2012 17933
The special responsibilities of the prosecutor: protecting, the accused's right to counsel, interaction with the unrepresented defendant, and subpoenaing, the defense counsel. Sinha, Hans P.; Dennis, Devon Jan 1, 2012 10939
Calculating an alternative route: the difference between a blindfolded ride and a road map in pro se criminal defense. Cabell, Kennedy Jan 1, 2012 7261
Navigating a legal dilemma: a student's right to legal counsel in disciplinary hearings for criminal misbehavior. Mossman, Ellen L. Jan 1, 2012 20066
Padilla v. Kentucky: the effect of plea colloquy warnings on defendants' ability to bring successful Padilla claims. Lang, Danielle M. Jan 1, 2012 23023
Delinquent by reason of poverty. Birckhead, Tamar R. Jan 1, 2012 22451
Alvarado revisited: a missing element in Alaska's quest to provide impartial juries for rural Alaskans. May, Jeff D. Dec 1, 2011 14937
Washington Supreme Court holds no constitutional mandate to determine competency to represent self. Dec 1, 2011 530
Padilla and beyond: the future of the defense function: Cardozo Law School - June 21, 2011. Lippman, Jonathan Nov 1, 2011 3477
A gauntlet thrown: the transformative potential of Padilla v. Kentucky. Brink, Malia Nov 1, 2011 10807
Collateral consequences: how reliable data and resources can change the way law is practiced. Gowen, Christopher; Magary, Erin Nov 1, 2011 10020
A view through the looking glass: how crimes appear from the immigration court perspective. Marks, Dana Leigh; Slavin, Denise Noonan Nov 1, 2011 12937
You are the last lawyer they will ever see before exile: Padilla v. Kentucky and one indigent defender office's account of creating a systematic approach to providing immigration advice in times of tight budgets and high caseloads. Martinez, Carlos J.; Palaidis, George C.; Borak, Sarah Wood Nov 1, 2011 9955
Evolving standards of reasonableness: the ABA standards and the right to counsel in plea negotiations. Love, Margaret Colgate Nov 1, 2011 10219
Realizing Padilla's promise: ensuring noncitizen defendants are advised of the immigration consequences of a criminal conviction. Vazquez, Yolanda Nov 1, 2011 13472
Padilla v. Kentucky: sound and fury, or transformative impact. Zeidman, Steven Nov 1, 2011 11759
A right to legal aid: the ABA Model Access Act in international perspective. Maxeiner, James R. Sep 22, 2011 19684
Representing noncitizens in criminal proceedings: resolving unanswered questions in Padilla v. Kentucky. Murphy, Kara B. Sep 22, 2011 14126
'The Godfather': seven lessons on providing effective counsel. Besherse, Candace M. Jul 1, 2011 5499
Being there: constructive denial of counsel at a competency hearing as structural error under the Sixth Amendment. Parsons, Ronald A., Jr. Jun 22, 2011 8758
Deal or no deal? Remedying ineffective assistance of counsel during plea bargaining. Perez, David A. Apr 1, 2011 20237
When state courts meet Padilla: a concerted effort is needed to bring state courts up to speed on crime-based immigration law provisions. Hernandez, Cesar Cuauhtemoc Garcia Mar 22, 2011 16116
"You have the right to an attorney," but not right now: combating Miranda's failure by advancing the point of attachment under article XII of the Massachusetts Declaration of Rights. Dearborn, D. Christopher Mar 22, 2011 31085
Representational competence: defining the limits of the right to self-representation at trial. Johnston, E. Lea Mar 1, 2011 34053
Establishing rights without remedies? Achieving an effective civil Gideon by avoiding a civil Strickland. Brown, Mark C. Feb 1, 2011 15466
Walking out on the check: how Missouri abandoned its public defenders and left the poor to foot the bill. Dandurand, Chris Jan 1, 2011 12255
Don't answer the door: Montejo v. Louisiana relaxes police restrictions for questioning non-custodial defendants. Bretz, Emily Nov 1, 2010 19486
Target analysis: how to properly strike a deployed servicemember's right to civilian defense counsel. Brooker, John W. Nov 1, 2010 23520
Court supervision after Padilla v. Kentucky. Ravitz, Gary J. Jul 1, 2010 3362
Ethical obligations of indigent defense attorneys to their clients. Mann, Phyllis E. Jun 22, 2010 15750
State constitutional challenges to indigent defense systems. Hanlon, Stephen F. Jun 22, 2010 8212
Ensuring the ethical representation of clients in the face of excessive caseloads. Joy, Peter A. Jun 22, 2010 10267
Missouri's public defender crisis: shouldering the burden alone. O'Brien, Sean D. Jun 22, 2010 15056
Litigating the ghost of Gideon in Florida: separation of powers as a tool to achieve indigent defense reform. Logan, Wayne A. Jun 22, 2010 10140
Epiphenomenal indigent defense. Brown, Darryl K. Jun 22, 2010 10788
Protecting the innocent: part of the solution for inadequate funding for defenders, not a panacea for targeting justice. Mosteller, Robert P. Jun 22, 2010 29318
Criminal procedure - Supreme Judicial Court delineates method for application of forfeiture to indigent criminal defendant - Commonwealth v. Means. Ball, Caitlin E. Jun 22, 2010 5763
Berghuis v. Thompkins: silence does not invoke the right to remain silent. Jun 1, 2010 1565
Criminal lawyers and the new ethics rules: among the important changes in RPC 2010: prosecutors must now advise the accused of his or her right to counsel, and lawyers must now keep "information" (not just "secrets") confidential. Rosenbaum, Randall Jun 1, 2010 748
The rights of others: legal claims and immigration outside the law. Motomura, Hiroshi May 1, 2010 26773
Legislation is necessary for deferred prosecution of corporate crime. Gallagher, John A. Mar 22, 2010 14664
Connecting self-representation to civil Gideon: what existing data reveal about when counsel is most needed. Engler, Russell Feb 1, 2010 28707
Lawyering in juvenile court: lessons from a civil Gideon experiment. Federle, Katherine Hunt Feb 1, 2010 10135
If we don't get civil Gideon: trying to make the best of the civil-justice market. Rowe, Thomas D., Jr. Feb 1, 2010 4535
Judicial abdication and equal access to the civil justice system. Nichol, Gene R., Jr. Jan 1, 2010 18428
Inactive client relationships may create per se conflicts for criminal defense lawyers: a per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former client in years, says the Illinois Supreme Court. Illinois prosecutors and defense attorneys both should beware. Colunga, Isaac J. Oct 1, 2009 2950
Strategery's refuge. Seeds, Christopher Sep 22, 2009 27151
Opportunity lost? - The ineffective assistance doctrine's applicability to foregone plea bargains. Rufo, Anthony E. Jun 22, 2009 11516
The appointment of counsel to indigent defendants is not enough: budget cuts render the right to counsel virtually meaningless. Mandel, Roberta G. Apr 1, 2009 3882
From formal separation to functional equivalence: tribal-federal dual sovereignty and the Sixth Amendment right to counsel. Hagen, Alex M. Mar 22, 2009 24932
A relational Sixth Amendment during interrogation. Holland, Brooks Mar 22, 2009 25768
Saving Missouri's public defender system: a call for adequate legislative funding. Guyer, Justine Finney Mar 22, 2009 11714
When does an insured have a right to independent counsel? A conflict of interest between insurer and insured can entitle the policyholder to its own lawyer paid for by the insurer. This article looks at the kinds of conflict that trigger the right to independent counsel. Vogt, Robert P. Mar 1, 2009 2646
Why the United States Supreme Court got some (but not a lot) of the Sixth Amendment right to counsel analysis right. Marcus, Paul Jan 1, 2009 22986
Potato, potahto: whether ineffective assistance or due process, an effective rule is overdue in termination of parental rights cases in Florida. Musto, Anthony C. Jan 1, 2009 9905
A failure to pursue an insanity defense on behalf of an individual with a mental illness does not necessarily constitute ineffective assistance of counsel. Hafemeister, Thomas L. Jan 1, 2009 1282
Testing Japan's convictions: the lay judge system and the rights of criminal defendants. Soldwedel, Arne F. Nov 1, 2008 28505
The Anders brief in appeals from civil commitment. Frueh, Joseph Nov 1, 2008 19306
Constitutional law and criminal procedure. Dennis, Corey M. Jun 22, 2008 3705
Advice to the criminal bar: preparing effectively for allegations of ineffectiveness. Black, Anthony K.; Matthey, Susan S. May 1, 2008 2434
Dealing in stolen property, grand theft, and ineffective assistance of counsel. Via, George C. Mar 1, 2008 2776
The price of misdemeanor representation. Hashimoto, Erica J. Nov 1, 2007 21849
"I did not come here to defend myself": responding to war on terror detainees' attempts to dismiss counsel and boycott the trial. Bloom, Matthew Oct 1, 2007 22022
JAG officer takes on his bosses over Guantanamo detainee. Blankenship, Gary Aug 1, 2007 2022
The Framers' Sixth Amendment prescriptions: cross-examination and counsel of choice. Lancaster, Nicholas F. Jun 1, 2007 6432
To err is human, to obtain relief is divine. Hawks, Kwasi L. Jun 1, 2007 6975
"A little bird told me": U.S. v. Finch and the death of the McOmber rule: the procedural protections of the Constitution protect the guilty as well as the innocent, but it is not their objective to set the guilty free. Varley, James L. May 1, 2007 9288
Fourth Circuit rejects various mental health-related claims asserted by capital defendant and affirms death penalty; ruling not disturbed. Hafemeister, Thomas L. Jan 1, 2007 678
Florida high court says med-mal fee limits impede right to counsel. Dec 1, 2006 760
Elevating choice over quality of representation: United States v. Gonzalez-Lopez. Mezzina, Paul Alessio Sep 22, 2006 5085
Bucking conventional wisdom: the Montana Public Defender Act. Desimone, Jessa Jun 22, 2006 12648
"I really didn't say everything I said": recent developments in self-incrimination law. Fredrikson, Christopher T. Apr 1, 2006 5441
Rehnquist scaled back rights of the accused. Bradley, Craig M. Dec 1, 2005 2790
Reliability matters: reassociating Bagley materiality, Strickland prejudice, and cumulative harmless error. Blume, John H.; Seeds, Christopher Jun 22, 2005 21071
A walk in the constitutional orchard: distinguishing fruits of Fifth Amendment right to counsel from Sixth Amendment right to counsel in Fellers v. United States. Grewell, Justin Bishop Mar 22, 2005 16630
Dretke v. Haley and the still unknown limits of the actual innocence exception. Seinsheimer, Eric Mar 22, 2005 15804
Housing Gideon: the right to counsel in eviction cases. Kleinman, Rachel Nov 1, 2004 11135
Ineffective assistance of counsel in parental-rights termination cases: the challenge for appellate courts. Calkins, Susan Sep 22, 2004 24313
Immigrant has right to counsel, says Washington court. Sileo, Carmel Jul 1, 2004 369
2003 developments in the Sixth Amendment: black cats on strolls. Best, Robert Wm. Jul 1, 2004 17373
Dual sovereignty and the Sixth Amendment right to counsel. D'Addio, David J. Jun 1, 2004 3707
A response to why Military Commissions are the proper forum and why terrorists will have "full and fair" trials. Barry, Kevin J. Editorial Nov 1, 2003 709
Court confirms importance of mitigation in sentencing. Bradley, Craig M. Oct 1, 2003 1875
Government responsibility for the acts of jailhouse informants under the Sixth Amendment. Goodell, Maia Jun 1, 2003 13384
Freed ex-convict can sue public defender's office. Jurand, Sara Hoffman Apr 1, 2003 511
Effective assistance of counsel and the consequences of guilty pleas. Chin, Gabriel J.; Holmes, Richard W., Jr. Mar 1, 2002 23007
Equal protection denied in New York to some family law litigants in supreme court: an assigned counsel dilemma for the courts. Elardo, Robert M. Feb 1, 2002 9822
The law school consortium project: law schools supporting graduates to increase access to justice for low and moderate-income individuals and communities. Howard, Deborah Feb 1, 2002 8035
Access to justice in Idaho. Thompson, Frances H. Feb 1, 2002 3768
The Sixth Amendment right to counsel and its underlying values: defining the scope of privacy protection. Gardner, Martin R. Jan 1, 2000 28044
Police interrogation - a practical necessity. Inbau, Fred E. Reprint Jun 22, 1999 3963
Disparate impact on death row: M.L.B. and the indigent's right to counsel at capital state postconviction proceedings. Snyder, Brad May 1, 1998 20342
The impact of Miranda revisited. Leo, Richard A. Mar 22, 1996 33119

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