In a decision that sounds a warning bell for public defense systems throughout the country, the Delaware Supreme Court has held that “[t]he Sixth Amendment requires more than the physical presence of counsel the first day of trial in a serious…
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…
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…
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…
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…
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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