TBA Law Blog

TBA Law Blog

ABA Asks Court to Clarify Right to Ineffective Counsel Claims

Posted by: Stacey Shrader Joslin on Aug 6, 2015
News Type: U.S. Supreme Court

The American Bar Association has filed an amicus brief with the U.S. Supreme Court urging the high court to take up the case of Loden v. Mississippi to clarify an earlier ruling affecting a defendant’s ability to raise claims of ineffective counsel. The court ruled in 2007 that a defendant who actively prevented counsel from investigating mitigating evidence was precluded from later raising claims of ineffective counsel. The brief argues that lower courts should not interpret the 2007 opinion as a bright line waiver rule but rather should consider the role played by counsel in a defendant’s decision to waive the right to present mitigating evidence.

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.