×
You've used up your 3 free articles for this month. Subscribe today.
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 …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Idaho Moves Closer to Firing Squad Executions, May 1, 2026. Death Penalty, State Legislation, Method of Execution, Lethal Injection Method of Execution.
- Trump Approves Firing Squads for Federal Executions, May 1, 2026. Death Penalty, Domestic Violence, Cruel and Unusual Punishment, Method of Execution, Hate Crimes.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Texas Prisoner Declared Innocent 70 Years After Execution, March 1, 2026. Racial Discrimination, Death Penalty, False Confessions, Eyewitness Identification, Prosecutorial Misconduct.
- Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.
- Dissenter Excoriates SCOTUS for Denying Certiorari in Challenge to Constitutionality of Nitrogen Hypoxia Execution, Feb. 1, 2026. Death Penalty, 42 U.S. Code § 1983, civil action for deprivation of rights, Capital Punishment, Cruel and Unusual Punishment, Method of Execution.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- 2025 Was a Deadly Year for Veterans Behind Bars, Jan. 1, 2026. Brain Injury, Death Penalty, Mental Health, Veterans, Mental Health Experts.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.

