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Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even 
When Not Requested; Superior Court Must Determine 
Whether Applicant Intended to ...
Article • May 15, 2025 • from CLN June, 2025
Filed under: Appointment of Counsel, Counsel - Right to, Counsel - Constructive denial of
Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even When Not Requested; Superior Court Must Determine Whether Applicant Intended to Waive Right to Counsel and Whether Done Knowingly, Vol by Phillip Wasserman, J.D. The Supreme Court of Rhode Island quashed the orders of the …
Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Argua...
Article • December 15, 2024 • from CLN January, 2025
Filed under: Appointment of Counsel, After Request for Counsel, Pro Se Issues
Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit by Sam Rutherford by Sam Rutherford The Supreme Court of Colorado issued an opinion defining the scope of a …
Indigent Defense: Appointed Counsel Does Not Mean Free Counsel
Article • December 1, 2024 • from CLN December, 2024
Filed under: Appointment of Counsel, Indigent Defense, Indigent Defendants - Fees and Expenses
Indigent Defense: Appointed Counsel Does Not Mean Free Counsel by David Reutter by David M. Reutter The law firmly provides that every criminal defendant has the constitutional right to the effective assistance of counsel. Appearance of counsel is largely dependent upon one’s financial state. A person of financial means is …
Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees
Article • June 15, 2024 • from CLN June, 2024
Filed under: Appointment of Counsel, Costs, Restitution, Bail Bonds
Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees by Douglas Ankney by Douglas Ankney   The Supreme Court of Indiana clarified the framework for determining when a court may apply a cash bail toward payment of …
After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process
Article • December 15, 2023 • from CLN December, 2023
Filed under: Appointment of Counsel, Counsel - Right to
After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process by Jo Ellen Nott by Jo Ellen Nott The Mississippi Supreme Court mandated on April 13, 2023, that poor criminal defendants must have an attorney throughout the entire criminal process. In re …
Anderson v Grayson County, TX, Complaint, Failure to Appoint Counsel, 2023
Brief • May 16, 2023
Filed under: Appointment of Counsel, Effective Assistance of Counsel
Anderson v Grayson County, TX, Complaint, Failure to Appoint Counsel, 2023 Case 4:23-cv-00439 Document 1 Filed 05/16/23 Page 1 of 18 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION CHAZDON ANDERSON, Plaintiff, v. GRAYSON COUNTY; HON. JAMES P. FALLON, in his official capacity …
Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosi...
Article • April 15, 2023 • from CLN May, 2023
Filed under: Appointment of Counsel, Mental Health, Knowingly and Intelligently, Counsel - Right to
Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’ by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Eighth Circuit …
Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel
Article • August 15, 2022 • from CLN September, 2022
Filed under: Appointment of Counsel, Ends of Justice Continuances, Counsel - Effective Assistance of
Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel by Harold Hempstead by Harold Hempstead In addressing an issue of first impression, the Supreme Court of Colorado en banc clarified its decision in People v. Brown, …
Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel
Article • May 1, 2022 • from CLN May, 2022
Filed under: Appointment of Counsel, Indigent Defendants - Fees and Expenses
Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of Colorado announced that when calculating financial means to hire an attorney …
Study Shows Public Defenders Outperform Court Appointed Private Attorneys
Article • October 15, 2021 • from CLN November, 2021
Filed under: Appointment of Counsel, Public Defenders
Study Shows Public Defenders Outperform Court Appointed Private Attorneys by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Defendants, put your checkbooks away. The age-old assumption that private defense attorneys provide a more comprehensive and effective defense than do public defenders may simply not be true. A February 2021 analysis initiated …
Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule
Article • February 19, 2020 • from CLN March, 2020
Filed under: Appointment of Counsel, Frivolous Litigation
Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held in forma pauperis (“IFP”) “motions on direct criminal appeals are not subject to a merits determination under [28 U.S.C.] Section …
South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense
Article • November 18, 2019 • from CLN December, 2019
Filed under: Appointment of Counsel
South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense by Dale Chappell by Dale Chappell A unanimous Supreme Court of South Carolina held that trial counsel was constitutionally ineffective for failing to present specific details of an alibi defense that the Court said undermined …
Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial
Article • October 16, 2019 • from CLN November, 2019
Filed under: Attorneys, Appointment of Counsel, Trials
Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial by Anthony Accurso by Anthony Accurso  The U.S. Court of Appeals for the Ninth Circuit held the California Supreme Court was objectively unreasonable when it denied defendant’s claim that his lawyer provided ineffective assistance …
Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing
Article • May 15, 2019 • from CLN June, 2019
Filed under: Appointment of Counsel, Trials
Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing by Dale Chappell by Dale Chappell An experienced Kentucky trial attorney who found himself on the wrong end of counsel’s table was granted a new trial by the U.S. Court of …
Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?
Article • April 12, 2019 • from CLN May, 2019
Filed under: Counsel, Attorneys, Appointment of Counsel, Attorney Misconduct
Q&A;: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing? by Brandon Sample, Dale Chappell by Brandon Sample, Esq., and Dale Chappell Question: I think my lawyer represented me poorly. How do I know if I have a claim of ineffective assistance of counsel? Perhaps the most common question after …
Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief
Article • December 5, 2018 • from CLN December, 2018
Filed under: Police Misconduct, Arrest and Booking, Appointment of Counsel, Habeas Corpus
Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that a California prisoner convicted of murder is entitled to habeas relief because a detective continued …
Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions
Article • July 21, 2018 • from CLN August, 2018
Filed under: Appointment of Counsel, Sixth Amendment
Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions by Dale Chappell by Dale Chappell A defendant who “unequivocally” invoked his right to self-representation at trial and was denied that right when the judge ignored his requests got a new trial when …
South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial
Article • July 21, 2018 • from CLN August, 2018
Filed under: Appointment of Counsel, Criminal Procedure
South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial by Dale Chappell by Dale Chappell “One who is his own lawyer has a fool for a client,” U.S. Supreme Court Justice Blackmun once opined. Nevertheless, a circuit judge may deny a defendant’s request to …
Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal
Article • June 17, 2018 • from CLN July, 2018
Filed under: Appointment of Counsel, Appeals
Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that a convicted defendant is entitled to appointed counsel, pursuant to statute, for one review of his or …
The Impact of Early Representation: An Analysis of the San Francisco Public Defender’s Pre-Trial Release Unit, Alena Yarmosky, 2018
Publication • 2018
Filed under: Criminal justice system reform, Appointment of Counsel, Pre-Trial Motions
The Impact of Early Representation: An Analysis of the San Francisco Public Defender’s Pre-Trial Release Unit, Alena Yarmosky, 2018 Ta uni POLICY BRIEF June 2018 Alena Yarmosky The Impact of Early Representation: An Analysis of the San Francisco Public Defender’s Pre-Trial Release Unit In October 2017, the San Francisco Public …
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