right to counsel cases

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More than 10.000 documents for right to counsel cases
  • In March of this year, the U.S. Supreme Court extended the right to effective counsel to the plea stage of criminal proceedings in a pair of cases, Lafler v. Cooper and Missouri v. Frye. In both cases, appellate public defenders argued on behalf of their clients before the highest court in the land for the first time in their careers - and won.

  • trial court dismissed inmate’s pro se complaint against warden with prejudice; pro se litigants are held to same standards as those who retain counsel; failure to exhaust administrative remedies; R.C. 2969.25; R.C. 2969.26; Ohio Admin. Code 5120-9-31; no right to appointed counsel in civil cases

  • The right to counsel is one of the most established tenets of criminal law. But a recent U.S. Supreme Court case could lead more trial courts to find a right to counsel in civil cases where litigants face the potential loss of liberty or other rights, and procedural protections are lacking. The case, Turner v. Rogers, "sets a precedent allowing judges to be a little more proactive in deciding when pro se litigants" can get appointed counsel in civil cases, said Albert S. Dandridge, a partner in the Philadelphia office of Schnader Harrison Segal & Lewis who has written about the ruling's implications.

  • The American Bar Association is urging Congress to strengthen the right to counsel in criminal cases, not make it harder for defendants to assert their rights and claim innocence. The ABA recently asked Congress to reject a bill that would keep federal courts from reviewing habeas corpus claims, including claims of innocence. If Congress wants to streamline the criminal justice process, the ABA testified, ensuring competent counsel is the best strategy to keep cases moving and ensure justice for all litigants.

  • INTRODUCTION In Gideon v. Wainwright, Justice Black commented that "reason and reflection require us to recognize that in our adversary system of cr...

  • In criminal cases, the constitutional right to legal counsel was established by the U.S. Supreme Court in the landmark 1963 Gideon v. Wainwright decision. Some, including the American Bar Association House of Delegates, think the time has come to extend the right to some civil cases, including those that deal with child custody, health and safety issues and basic needs such as shelter.

  • I can't say there should be a right to counsel in every one of those cases for every individual. I do think, the way it's presently set up, funding for indigent parties that need attorneys is through Northern New Mexico Legal Services here, which is funded by the federal government, and it's my belief that the legal services operation, which is the civil side where people can get lawyers, is woefully underfunded nationwide. I'm not ready to say, 'Yes, everyone who is in that circumstance should have an automatic right to counsel the way you would in a criminal felony proceeding.' But I do think the resources for those things should be expanded so we get more involvement by attorneys in those cases. It basically means that litigants should not have to wait for their day in court. T...

  • Maryland's proponents of a right to counsel in civil cases are smiling this week. The American Bar Association voted unanimously at its annual meeting in Hawaii on a resolution calling on federal and state governments to guarantee legal counsel in certain civil matters as a right for low-income people.

  • ... it comes to the legal entitlement to free counsel for indigent civil litigants, the United States is... justice run down like waters, and righteousness like an ever-flowing stream."[17] . If we are to a... services agencies closed some 1.46 million cases,[22] and operated on a federal appropriation of $2...

  • The following article was originally published in Wisconsin Lawyer, a siter publication. MILWAUKEE - More than 40 years ago, the U.S. Supreme Court recognized the right to counsel for defendants in criminal cases in the landmark case of Gideon vs. Wainright.

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