Michigan Legislature Considers Public Defense Overhall
| Yesterday, Representative Constan and Representative Amash introduced historic public defense reform legislation (House Bill 5676) in the Michigan State House of Representatives. Michigan has been in the national spotlight for failing to uphold the right to effective defense reform. This legislation will take the necessary steps to bring about long overdue reforms. To read House Bill 5676, |
SCOTUS Allows Impeachment with Statements Taken in Violation of Sixth Amendment Right to Counsel
Statements taken in violation of the Sixth Amendment right to counsel are inadmissible as part of the state’s substantive case against an accused, but should they be admissibile for impeachment purposes. The Court had previously ruled that statements taken in violation of the Fifth Amendment right to remain silent could be admitted at trial. Unfortunately, the Court recently extended this to include statements taken in violation of the Sixth Amendment. Kansas v Vetris, SCOTUS No. 07-1356 For a detailed criticism of the court’s ruling, check out Professor Mark Godsey’s blog here and here.
Federal Defender's Can Represent State Capital Defendants in Clemency Proceedings
The federal statute, 28 USC 2253, that requires state prisoners to obtain a certificate of appealability before challenging a district court ruling in habeas corpus proceedings does not apply to appeals of orders denying requests for federally appointed counsel. The statute governs only final orders that dispose of a habeas corpus proceeding's merits. Federally appointed counsel are authorized to represent clients in state clemency proceedings and are entitled to compensation for that representation. Harbison v Bell, SCOTUS No 07-8521.