tag:blogger.com,1999:blog-2925765946042638459.post4974804345169341710..comments2024-03-18T02:22:56.392-04:00Comments on Disgusted Beyond Belief: There really is no right to counselDBBhttp://www.blogger.com/profile/17805375811782552873noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-2925765946042638459.post-39714903793700553292009-02-12T18:32:00.000-05:002009-02-12T18:32:00.000-05:00S, sounds like a classic Catch-22. And doesn't su...S, sounds like a classic Catch-22. And doesn't surprise me. If you're a criminal defendant in our legal system (and you aren't rich) you are basically f**ked.DBBhttps://www.blogger.com/profile/17805375811782552873noreply@blogger.comtag:blogger.com,1999:blog-2925765946042638459.post-66775238338332696482009-02-11T19:28:00.000-05:002009-02-11T19:28:00.000-05:00The absolute lack of any real IAC review is one of...The absolute lack of any real IAC review is one of my biggest legal pet peeves these days. We just had a capital client (not sentenced to death ultimately, but still LWOP) who never even got a hearing on his IAC claim. At least in part the decision rested on the inadequacy of his pleading, which has to be more specific than any other king of pleading in a notice pleading state, and which can never be amended, even though the rules of civil procedure provide for amendment as a matter of right in every other civil case. But of course, though he had to satisfy these ridiculously stringent procedural hurdles just to qualify for a hearing, the defendant didn't have the assistance of counsel to help him prepare the pleading because defendants only get counsel appointed to help with IAC motions AFTER they've filed a motion! You know, the motion that has to be specific and can never ever be amended. It's a complete sham and renders the right to effective assistance of counsel absolutely meaningless.Shttps://www.blogger.com/profile/12429147325673256508noreply@blogger.comtag:blogger.com,1999:blog-2925765946042638459.post-34971518185020911502009-02-04T08:59:00.000-05:002009-02-04T08:59:00.000-05:00You don't need to be bitter to realize that those ...You don't need to be bitter to realize that those three amendments are pretty much dead.DBBhttps://www.blogger.com/profile/17805375811782552873noreply@blogger.comtag:blogger.com,1999:blog-2925765946042638459.post-60731193871721000142009-02-03T21:26:00.000-05:002009-02-03T21:26:00.000-05:00There isn't a right to remain silent either.Heck, ...There isn't a right to remain silent either.<BR/><BR/>Heck, in my more bitter moments I think that the Fourth, Fifth, and Sixth Amendments are all dead letters.armagh444https://www.blogger.com/profile/07082915043493514495noreply@blogger.com