Faculty Notes

Prof. Eric M. Freedman Discusses Right to Appellate Counsel in Bloomberg Law Story

Eric M. Freedman, Siggi B. Wilzig Distinguished Professor of Constitutional Rights

Systemic Constitutional Violations Can’t Be Fixed by SCOTUS Decision
By Jessica DaSilva
Bloomberg Law
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.