About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

100 Minn. L. Rev. 1745 (2015-2016)
The United States Supreme Court (Mostly) Gives up Its Review Role with Ineffective Assistance of Counsel Cases

handle is hein.journals/mnlr100 and id is 1799 raw text is: 


The   United States Supreme Court (Mostly)
Gives Up Its Review Role with Ineffective
Assistance of Counsel Cases

Paul  Marcust

    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/
   3. Kenneth J. Bernstein, Thoughts on the 50th Anniversary of Gideon v.
Wainwright, DAILY KOS (Mar. 18, 2013, 4:55 AM), http://www.dailykos
   4. Conyers Honors 50th Anniversary of Gideon v. Wainwright Decision,


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.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most