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- Title
PRESUMED PREJUDICE: WHEN SHOULD REVIEWING STATE COURTS ASSUME A DEFENDANT'S CONFLICTED COUNSEL NEGATIVELY IMPACTED THE OUTCOME OF TRIAL?
- Authors
Daniels, Tyler
- Abstract
The article examines the types of conflicts of interest that arise in ineffective assistance of counsel claims and Supreme Court history behind conflict-of-interest law. It mentions state courts have differentiated between conflict-of interest claims that are eligible for the Supreme Court in Cuyer v. Sullivan on declared the issue an open question. It also mentions defendant who claims that ineffective assistance of counsel denied their Sixth Amendment right.
- Subjects
CONFLICT of interests; RIGHT to counsel; FAIR trial; RIGHT to trial by jury; DEFENDANTS
- Publication
Fordham Urban Law Journal, 2021, Vol 49, Issue 1, p221
- ISSN
0199-4646
- Publication type
Article