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When Attorneys Fumble, Defendants Face Consequences
When Attorneys Fumble, Defendants Face Consequences
by David M. Reutter
The right of defendants facing criminal charges to be represented by counsel is the bedrock of our criminal justice system, expressly enshrined in the Sixth Amendment.
An underlying doctrine to that right holds that counsel becomes an agent of the ...
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More from this issue:
- News in Brief
- Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense, by Matthew Clarke
- Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case, by Shepherd Litsey
- D.C. Jail Guard Suicidal after Feces Thrown in Face, Sues DOC
- Deportations Still High Despite Decline from Record Levels, by Derek Gilna
- Washington Undersheriff Sentenced to Six Months for Stealing Bail Money
- Prison Bankers Cash in on Captive Customers, by Daniel Wagner
- BOP Criticized for Denying Most Compassionate Release Requests
- Texas Prison Population Drops as Guard Shortage Persists, by Matthew Clarke
- Audit Finds Significant Increase in Fraudulent Tax Returns Filed by Prisoners
- When Attorneys Fumble, Defendants Face Consequences, by David Reutter
- Agreement to Limit Solitary Confinement in New York State Prisons Applauded
- Reenergized D.C. Corrections Information Council Targets Jail and Prison Conditions, by Derek Gilna
- Education is Better than Punishment: Something We Can All Support!, by Vivian D. Nixon
- Ninth Circuit Affirms Preliminary Injunction in Challenge to California’s CASE Act
- Debtors’ Prisons Prevail in Las Vegas, Thanks to Prosecutors and Casino Markers Law, by Derek Gilna
- Former Florida Guard Accused of Workers’ Comp Fraud Dies Before Trial
- Disabled California Juvenile Detainees Entitled to Special Education Services in Jail, by Mark Wilson
- Despite Reforms, Shackling of Pregnant Prisoners Persists
- $690,000 Settlement in HRDC Suit Over Death of Prisoner’s Baby at CCA Jail, by Derek Gilna
- New York False Imprisonment Claim Revived; Administratively-Imposed PRS Term Invalid, by Mark Wilson
- Ninth Circuit: Prisoner Validated as Gang Member May Challenge Debriefing Procedures, by Mark Wilson
- Los Angeles County Jail Exploits Prisoners, Families with High Phone Costs
- Ethics Charge Against Former U.S. Marshal Ends in Pre-Trial Diversion, by Derek Gilna
- Texas Prison Homicides Rise Sharply in 2012, Decline in 2013
- Overtime Pay for New York Prison Guards, Nurses “Out of Control”
- Battling the Administration: An Inmate’s Guide to a Successful Lawsuit, by David J. Meister, by Gary Hunter
- California Law Denying Good Time Credits to Gang Members in SHUs Held Constitutional, by David Reutter
- $350,000 Settlement in PLN Censorship Suit Against Ventura County, California, by Derek Gilna
- Massachusetts: Sex Change Ordered for Transgender Prisoner; Court Finds that Two DOC Commissioners Lied
- Washington Ad Seg Prisoner Improperly Denied Earned Time, by Mark Wilson
- From the Editor, by Paul Wright
- The Best 500 Nonprofit Organizations for Prisoners and Their Families (2nd Ed.), edited by George Kayer, by Gary Hunter
- JPay Fined in Pennsylvania, Michigan for Operating without a License
- Report Spurs Investigation of Bank of America, JPMorgan Prison Deals, by Daniel Wagner
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025. AEDPA, Denial of Due Process.
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025. AEDPA, Collateral Order Exception.
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025. AEDPA, Procedural Reasonableness, Reasonableness of Sentence.
- Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, Dec. 15, 2024. Appointment of Counsel, After Request for Counsel, Pro Se Issues.
- $25 Million Contempt Fine Prompts Release of Pretrial Detainees from Philadelphia Lockups, Dec. 15, 2024. Appointment of Counsel, Contempt (Civil Procedure), Bail/Pretrial Release, Fines.
- Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, Dec. 1, 2024. Appointment of Counsel, Indigent Defense, Indigent Defendants - Fees and Expenses.
- In Oregon Case, Ninth Circuit Limits Pretrial Detention Without Counsel to Seven Days, Nov. 15, 2024. Appointment of Counsel, Pretrial Detention and Detainees, Speedy Trial Clock - Tolling of.
- California Bar Accuses L.A. Lawyer of Deceiving Prisoners Seeking Resentencing, Oct. 15, 2024. Attorney Misconduct, Malpractice (Attorneys), False Statements/Perjury.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- Intellectually Disabled Georgia Prisoner Executed After SCOTUS Denies Appeal, Aug. 15, 2024. Disabled Prisoners, Death Penalty, Appeals/Appellate Jurisdiction.