Abstract

http://ssrn.com/abstract=2251529
 


 



Enforcing the ABA Guidelines in Capital State Post-Conviction Proceedings after Martinez and Pinholster


Eric M. Freedman


Hofstra University - Maurice A. Deane School of Law

September 1, 2013

Hofstra Law Review, Vol. 41, p. 591, 2013
Hofstra Univ. Legal Studies Research Paper No. 13-10

Abstract:     
This piece, published in Part 1 of Hofstra Law Review’s symposium marking the tenth anniversary of the ABA’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, considers the converging pressures now impelling the states to provide the effective assistance of counsel in state capital post-conviction proceedings. On the one hand, Martinez v. Ryan, 132 S. Ct. 1309 (2012) - a case that will likely be expanded to a number of additional procedural and substantive contexts - warns the states that if they fail to provide such counsel, their capital convictions will be subject to searching federal review. On the other hand, Cullen v. Pinholster, 131 S.Ct. 1388 (2011), offers the states the promise that if they do provide such counsel their capital convictions will be very deferentially treated on federal review. Thus, the forces of federalism may cause the states to adopt a beneficial reform that the Supreme Court has been unwilling to mandate under the Constitution.

Number of Pages in PDF File: 12

Keywords: habeas corpus, post-conviction remedies, death penalty, right to counsel, federalism

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Date posted: April 16, 2013 ; Last revised: September 17, 2013

Suggested Citation

Freedman, Eric M., Enforcing the ABA Guidelines in Capital State Post-Conviction Proceedings after Martinez and Pinholster (September 1, 2013). Hofstra Law Review, Vol. 41, p. 591, 2013; Hofstra Univ. Legal Studies Research Paper No. 13-10. Available at SSRN: http://ssrn.com/abstract=2251529

Contact Information

Eric M. Freedman (Contact Author)
Hofstra University - Maurice A. Deane School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States
516-463-5167 (Phone)
515-463-5129 (Fax)

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