Remedying Pretrial Ineffective Assistance
Date
2012
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
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.
Description
Keywords
Right to a lawyer who does not affirmatively incriminate the client, Ineffective assistance of counsel, Suppression as an adequate but unlikely remedy, Damage action under § 1983 Is an inadequate or unavailable remedy, U.S.C. § 1983, Malpractice action under state tort law, Equitable relief, Missouri v. Frye, Lafler v. Cooper
Citation
Justin F. Marceau, Remedying Pretrial Ineffective Assistance, 45 Tex. Tech L. Rev. 277 (2012-2013)