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
Recommended Citation
Falkoff, Marc D., "The Evolving Right to Counsel on State Post-Conviction Review" (2013). College of Law Faculty Publications. 27.
https://huskiecommons.lib.niu.edu/clglaw/27
ISSN
0362-6148
Department
College of Law
Language
eng
Publisher
Chicago Daily Law Bulletin
