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"Stemming the Tide of Postconviction Waivers"

By Douglas A. Berman

The title of this post is the title of a new ABA Criminal Justice column by Alan Ellis and Todd Busset, which I am able to provide for downloading below. Here is how this important and timely column starts and ends: Over the last several years, waiver of a defendant?s appellate and postconviction rights has become a standard feature of plea agreements in federal cases.  While courts uphold a knowing and intelligent relinquishment of rights, these waivers are not without limits.  This article suggests areas about which defense counsel should be aware in order to afford clients the greatest opportunity for postconviction relief.  In particular, we explore ethical constraints on defense counsel?s ability to advise clients and to shield themselves from ineffective assistance claims, as well as constraints on prosecutors? ability to demand such waivers or to shield themselves from prosecutorial misconduct claims...continue to full post

Full post as published by Sentencing Law and Policy on May 12, 2010 (boomark / email).