Month: April 2017

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

Tagged with: , , , , ,

Systemic right to counsel failures cannot be resolved in case-by-case reviews

Pleading the Sixth: In America, the indigent accused has a constitutional right to be represented by an effective lawyer at all critical stages of a case where loss of liberty is a potential penalty. But what if that lawyer is

Tagged with: , , , ,

Tennessee Supreme Court Task Force recommends complete overhaul of right to counsel services

Pleading the Sixth: Recognizing that the State of Tennessee needs a better way of providing right to counsel services, in September 2015 former Chief Justice Sharon Lee created an Indigent Representation Task Force and challenged them to “build a better mousetrap.”

Tagged with: , , , , , , , ,

DOJ recommendations for Shelby County, TN place financial burden on the county; Task Force would place responsibility on the state

Pleading the Sixth: For nearly five years, the U.S. Department of Justice has been trying to improve the representation of children in delinquency proceedings in Shelby County (Memphis), Tennessee. As the DOJ seeks to put more indigent defense funding responsibilities on

Tagged with: , , , , , , , , , ,

New ACLU lawsuit: Washington State fails to ensure effective delinquency representation

Pleading the Sixth: In a new lawsuit, the ACLU of Washington alleges that the right to counsel system for juveniles facing delinquency proceedings in Grays Harbor is so constitutionally deficient that the State of Washington must take action.

Tagged with: , , , , , ,
Top