Systemic Constitutional Violations Can’t Be Fixed by SCOTUS Decision
By Jessica DaSilva
May 11, 2017
What the court needs to do—but almost surely won’t—is to set out a substantive right to effective appellate counsel and start to define what that looks like, [Eric Freedman] said. Such a decision could provide the kind of guidance seen in the evolution of the right to trial counsel, which has been recognized as a substantive constitutional right
Creating a substantive right would broaden the ability to argue ineffective assistance of counsel instead of a procedural rule that will result in continual challenges to the parameters of making those claims.
Read the full article on the Bloomberg Law website.