The United States Supreme Court (Mostly) Gives up Its Review Role with Ineffective Assistance of Counsel Cases
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Article
The United States Supreme Court (Mostly)
Gives Up Its Review Role with Ineffective
Assistance of Counsel Cases
Paul Marcust
GIDEON
On the fiftieth anniversary of Gideon v. Wainwright,' just a
few years ago, both legal and lay commentators wrote and
spoke glowingly of this landmark case, guaranteeing the right
to counsel in criminal cases, [which] forever changed America's
criminal justice system.2 Gideon, like several other of the
landmark cases .. . seemed to offer a promise to all people in
the American criminal justice system. In this case it was sup-
posed to be complete equality before the law, even if one could
not afford counsel.3 Congressman John Conyers said this about
Gideon: Fair trials, wherein everyone-no matter their ability
to pay-is equal before the law through the right to counsel, is
at the core of our country's judicial system. The Supreme Court
made history in recognizing this fundamental right, and ex-
tending it to defendants at the state level.4 As then Attorney
General Robert Kennedy said:
t Haynes Professor of Law, William & Mary School of Law. The author
served as Co-Reporter for three years to the National Right to Counsel Com-
mittee. The findings reached by the two Co-Reporters during that period may
be seen in Mary Sue Backus & Paul Marcus, The Right to Counsel in Criminal
Cases, A National Crisis, 57 HASTINGS L.J. 1031 (2006). Copyright @ 2016 by
Paul Marcus.
1. 372 U.S. 335 (1963).
2. Gideon v. Wainwright-Case Providing Defendants an Attorney-
Turns 50, CBS NEWS (Mar. 16, 2013, 1:32 PM), http://www.cbsnews.com/news/
gideon-v-wainwright-case-providing-defendants-an-attorney-turns-50.
3. Kenneth J. Bernstein, Thoughts on the 50th Anniversary of Gideon v.
Wainwright, DAILY KOS (Mar. 18, 2013, 4:55 AM), http://www.dailykos
.com/story/2013/03/18/1194921/-Thoughts-on-the-50th-Anniversary-of-Gideon
-v-Wainwright.
4. Conyers Honors 50th Anniversary of Gideon v. Wainwright Decision,
HOUSE COMM. ON THE JUDICIARY DEMOCRATS (Mar. 15, 2013), http://
1745](ViewImageLocal?handle=hein.journals/mnlr100&div=47&collection=&method=preview&ext=.png&size=3)
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The United States Supreme Court (Mostly) Gives up Its Review Role with Ineffective Assistance of Counsel Cases
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