Tag: case law – state courts

The Idaho Supreme Court says Strickland is “inapplicable” to remedying systemic indigent defense deficiencies; reinstates ACLU lawsuit

Pleading the Sixth: On April 28, 2017, the Idaho Supreme Court reinstated the ACLU lawsuit that alleges wide-ranging systemic deficiencies in the state’s provision of indigent defense services. Finding that the lower court erred in requiring defendants to suffer the actual

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Should non-lawyer judges be sending people to jail? SCOTUS asked to review

Pleading the Sixth: In 1976, the U.S. Supreme Court determined that the 14th Amendment permits non-lawyer judges to impose jail time so long as the defendant has the ability to get a do-over in front of a judge who is

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Pennsylvania Supreme Court recognizes indigent defendants’ right to sue before receiving ineffective representation

Pleading the Sixth: On September 28, 2016, the Pennsylvania Supreme Court ruled that indigent defendants have the right to challenge systemic deficiencies at the outset of a case before having to suffer from actual or constructive denial of counsel. Moreover, the

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Missouri Governor shows why indigent defense crisis will not be fixed without defender independence

Pleading the Sixth: When the Missouri Public Defender, Michael Barrett, appointed the Governor to represent an accused indigent defendant, it brought national attention to the state’s longstanding underfunding of right to counsel services. Now, after a local judge ruled Barrett

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Calm down; the New Mexico Supreme Court did not say flat-fee contracts are always constitutional

Pleading the Sixth: Though press reports are generally touting a recent New Mexico Supreme Court opinion as declaring flat fee contracting to be constitutional, the reality is more nuanced. The 6AC walks the reader through the historical background for the

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Georgia consent decree requires competent counsel for children and adults

The right to counsel for children and adults in four counties in Georgia should soon be much closer to meeting minimum constitutional demands. The structural changes will come about as the result of a class action lawsuit challenging the effectiveness

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