Remedying Pretrial Ineffective Assistance
Marceau, Justin F.
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Explores a particular example of the right-remedy gap in the right to counsel context that has previously evaded scholarly attention-that is, the question of federal constitutional remediation when defense counsel provides incompetent representation resulting in the discovery of inculpatory evidence against the defendant. Although instances of pretrial errors of counsel resulting in the discovery of materially incriminating evidence are numerically rare in the published case law, such cases provide a useful lens for understanding, more generally, the scope and nature of Sixth Amendment remedies in federal court.