Focus (Forum & Focus)
Nov. 15, 2007
Capital Offense
Forum Column - By Kent Scheidegger - An upcoming Supreme Court case should make clear that having a slightly below-par attorney can't be enough to overturn the death penalty for a convicted murderer.
By Kent Scheidegger
Should the conviction of an indisputably guilty murderer, entered after a fair trial, be overturned because a better lawyer would have cut a deal? On Nov. 5, the U.S. Supreme Court, sua sponte, asked for briefing of that question when it accepted the case of Arave v. Hoffman. The case lies at the intersection of two problematic areas of the law: plea bargaining and ineffective ass...
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