Authors

Marc D. Falkoff

Document Type

Article

Abstract

Fifty years after Gideon v. Wainwright announced that lawyers at state criminal trials are constitutional necessities and not luxuries, the metes and bounds of the right to counsel are still being hashed out in the courts. In particular, the law is evolving on the right to counsel during state post-conviction review, with the U.S. Supreme Court recently acknowledging, in Martinez v. Ryan, that sometimes lawyers are necessary (albeit not constitutionally compelled) during state collateral proceedings. 132 S.Ct. 1309, 1320 (2012). But the importance of Martinez has not yet been recognized by either the Illinois courts or its legislature. Of particular concern is a decision this summer from the Illinois Appellate Court, which refused to excuse a procedural default where the petitioner —who had been convicted of murder — failed to raise an “ineffective assistance of trial counsel” claim in his initial post-conviction proceeding.

Publication Date

9-26-2013

Department

College of Law

ISSN

0362-6148

Language

eng

Publisher

Chicago Daily Law Bulletin

Suggested Citation

Marc D. Falkoff, The Evolving Right to Counsel on State Post-Conviction Review, Chi. Daily L. Bull., Sept. 26, 2013.

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