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NCJ Number: 31797 Find in a Library
Title: CONSTITUTIONAL LAW - DUE PROCESS - ONLY INEFFECTIVENESS OF RETAINED COUNSEL WHICH IS KNOWN TO STATE OFFICIAL OR RENDERS TRIAL 'FUNDAMENTALLY UNFAIR' INVALIDATES STATE CONVICTION. FITZGERALD V ESTELLE, 505 F.20 1334 ...
Journal: HARVARD LAW REVIEW  Volume:89  Issue:3  Dated:(JANUARY 1976)  Pages:593-601
Author(s): ANON
Corporate Author: Harvard Law Review Assoc
Harvard Law Review
United States of America
Date Published: 1976
Page Count: 9
Sponsoring Agency: Harvard Law Review Assoc
Cambridge, MA 02138
Format: Article
Language: English
Country: United States of America
Annotation: THE COURT'S STANDARD FOR ADJUDICATING CLAIMS OF INEFFECTIVE ASSISTANCE OF RETAINED COUNSEL WAS THE RESULT OF AN ATTEMPT TO HARMONIZE TWO LINES OF FIFTH CIRCUIT CASES.
Abstract: ONE REQUIRED THE SAME STANDARD OF EFFECTIVENESS WHETHER COUNSEL WAS RETAINED OR APPOINTED; THE OTHER WAS SAID TO HOLD THAT THE FOURTEENTH AMENDMENT STATE ACTION REQUIREMENT WAS NOT MET IN CASES INVOLVING THE ADEQUACY OF RETAINED COUNSEL UNLESS A STATE OFFICIAL KNEW OR SHOULD HAVE KNOWN OF THE LAWYER'S ERRORS. THE COURT SUGGESTED THAT THESE CASES COULD BE RECONCILED BY DISTINGUISHING THE CONSTITUTIONAL BASES FOR RELIEF IN PARTICULAR CASES OF ALLEGED INEFFECTIVE ASSISTANCE OF RETAINED COUNSEL. (AUTHOR ABSTRACT)
Index Term(s): Court standards; Defense counsel effectiveness
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31797

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