A rule that allows the State to foist a murder victim’s lawyer onto his accused is not only capricious; it poisons the integrity of our adversary syst
MICKENS V. TAYLOR
A rule that allows the State to foist a murder victim’s lawyer onto his accused is not only capricious; it poisons the integrity of our adversary system of justice.
The Sixth Amendment provides: “In all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defence.” This protection is applicable to State, as well as federal, criminal proceedings. Gideon v. Wainwright, 372 U.S. 335 (1963). We have long recognized the paramount importance of the right to effective assistance of counsel. United States v. Cronic, 466 U.S. 648, 653—654 (1984) (“ ‘Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive for it affects his ability to assert any other rights he may have’ ”) (citation omitted)).
A rule that allows the State to foist a murder victim’s lawyer onto his accused is not only capricious; it poisons the integrity of our adversary system of justice.
I respectfully dissent.
The Sixth Amendment provides: “In all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defence.” This protection is applicable to State, as well as federal, criminal proceedings. Gideon v. Wainwright, 372 U.S. 335 (1963). We have long recognized the paramount importance of the right to effective assistance of counsel. United States v. Cronic, 466 U.S. 648, 653—654 (1984) (“ ‘Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive for it affects his ability to assert any other rights he may have’ ”) (citation omitted)).
Labels: CRIMINAL LAW
posted by MarkAnthonyGiven @ 5:27 AM
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