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: Capital Defense Weekly

last edition in November

By Karl R. Keys, Esq.

From the intro, as previously foreshadowed (pdf/html): This edition looks at two recent cases addressing indigent defense, one capital, State v. Mata from Nebraska, and the other noncapital, Simmons v. State Public Defender from the Iowa Supreme Court. John Wesley Hall, Jr., pegged Simmons when he noted it ?is a remarkable opinion worthy of being a brief law review article itself considering the NLADA and ABA standards, cases considering ‘takings’ of counsel?s time, counsel’s standing, and systemic ineffective assistance from a fee cap creating a disincentive for defense counsel to adequately perform in indigent criminal appeals.? Simmons has exceptionally good dicta, as well as a well thought analysis on fee caps & IAC, as well as the burden of proof in allegations regarding systemic failures in representing classes of people...continue to full post

Full post as published by Capital Defense Weekly on November 29, 2010 (boomark / email).