About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

45 Duq. L. Rev. [i] (2006-2007)

handle is hein.journals/duqu45 and id is 1 raw text is: Duquesne Law Review Volume 45, Number 1, Fall 2006 © DUQUESNE UNIVERSITY, 2006-2007 THE PENNSYLVANIA ISSUE Article THE RIGHT TO ARGUE THAT TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE K irk J H enderson ......................................................................... 1 A person accused of a crime has a right to the effec- tive assistance of trial counsel. When that right is violated, defendants seek relief by arguing that their attorney was ineffective. This article addresses a situ- ation in which a class of defendants is deprived of any opportunity to ever argue that trial counsel was inef- fective. In Pennsylvania, ineffectiveness claims gen- erally must be deferred to the post-conviction stage of a case instead of being litigated during the direct appeal. To be eligible for post-conviction relief, how- ever, a defendant must be serving a sentence when the court issues a ruling. For those defendants with too short of a sentence to litigate a post-conviction petition, there is no way to argue that trial counsel was ineffective. This means that a defendant may have been convicted solely because of trial counsel's ineffectiveness, but yet has no way to remedy this constitutional error. Comments ANALYZING A MUNICIPALITYS AUTHORITY TO ENACT THE MODEL ORDINANCE FOR WIND ENERGY FACILITIES IN PENNSYLVANIA M ark K D ausch ......................................................................... 47

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most