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Criminal Law

: Law Of Criminal Defense

Utah complains of diminishing pool of competent capital defense lawyers

By John Wesley Hall, Jr.

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Utah Supreme Court complains of the diminishing quality of capital defense lawyers, and it refuses to issue Rule 11 sanctions against he capital lawyers in the case. Archuleta v. Galetka, No. 20070228 (Utah November 7, 2008): IV. ADEQUACY OF COUNSEL IN CAPITAL CASES ¶17 While we accept the trial court’s conclusion that the attorney conduct at issue in this case did not rise to the level demanding a rule 11 sanction, we also agree with the trial court that much of what took place in regard to Archuleta’s second amended petition was unwarranted and unjustifiable under our rules and applicable law. The circumstances giving rise to this pattern of behavior in capital cases include low levels of public funding for capital cases, increasing delays in final resolution of these cases, significantly diminishing numbers of qualified counsel able and willing to represent capital defendants, and changing legal and public attitudes to death penalty matters...continue to full post

Full post as published by Law Of Criminal Defense on November 10, 2008 (boomark / email).