Home -> Law Blog Directory -> Criminal Law Blogs -> Law Of Criminal Defense

Criminal Law

: Law Of Criminal Defense

GA: There is a due process and fair trial right to an interpreter

By John Wesley Hall, Jr.

And, defense counsel could be ineffective for not insuring it. Ling v. State, S10G0460 (Ga. November 22, 2010): For the reasons that follow, we hold that one who cannot communicate effectively in English may be effectively incompetent to proceed in a criminal matter and rendered effectively absent at trial if no interpreter is provided. We also now hold that trial courts must state and explain their findings when an issue concerning the need for an interpreter that implicates foundational due process rights is raised and decided at the motion for new trial stage. Accordingly, we hold that the trial court’s order denying the new trial motion must be vacated and the case remanded to the trial court to apply the standard in Drope and to state its findings on the record...continue to full post

Full post as published by Law Of Criminal Defense on November 30, 2010 (boomark / email).