New York Court of Appeals Says Judge Cannot Instruct on Lesser Included Offense Over Defense Objection
HB5804 is designed to increase the quality of representation, but has had to yield to various needs. Just as the bill was on the verging of passing, the Michigan Attorney General’s Office attempted to derail the bill. They argued that because most ineffective assistance of counsel challenges fail, there is no problem. The Sixth Amendment Center has a nice piece on the bill, the Attorney General’s 11th hour efforts to derail this bipartisan effort and what is wrong with their position.
In this year of partisan bickering, it is rare to see both party’s agree to anything. A rarely-seen majority of Michigan House Representatives from both sides of the aisle introduced sweeping reform legislation on August 15, 2012, to transform the state’s broken and underfunded indigent defense system. This bill focuses on trial level representation. (Juvenileand appellate representation are not part of it). HB 5804 was co-sponsored by 38 Republicans and 37 Democrats. State Representative Tom McMillin (R – District 45) which tracks the Governor’s recommendation. For more information, click here.
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.
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.