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Utah high court expresses concerns about capital representation

By Douglas A. Berman

As detailed in this local article, on Friday the Utah Supreme Court used an opinion in a capital case to express concern about the state and quality of defense representation.  Here are some particulars: Concerned about the lack of qualified lawyers willing to represent indigent death-row inmates, the Utah Supreme Court warned Friday it might be forced to reverse capital sentences. In the case of condemned killer Michael Anthony Archuleta, a unanimous court said low pay and the complexity of such cases have shrunk the pool of Utah attorneys who will accept them. Associate Chief Justice Michael Wilkins wrote the justices may soon be "forced" to rule a lack of able and willing attorneys is grounds to reverse a death sentence and impose life without parole instead...continue to full post

Full post as published by Sentencing Law and Policy on November 08, 2008 (boomark / email).