Supreme Court Says Bad Counsel Can Excuse Claim Default

Law360, New York (May 28, 2013, 3:43 PM EDT) -- The U.S. Supreme Court on Tuesday ruled that ineffectiveness of a criminal defendant's state court counsel can excuse the procedural default of claims in federal court when state law doesn't provide a “meaningful” opportunity for the defendant to raise the claims.

The high court vacated a Fifth Circuit decision barring inadequate attorney claims raised by a Texas death row inmate, faulting Texas law for failing to provide “most defendants a meaningful opportunity to present a claim of ineffective assistance of trial counsel on direct appeal, ”...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.