NEW RESOURCE: Effective Assistance of Postconviction Counsel
An article in the Wisconsin Law Review, "The Right to Effective Assistance of Capital Postconviction Counsel: Constitutional Implications of Statutory Grants of Capital Counsel" by Celestine Richards McConville, examines the need for experienced and effective counsel during state and federal capital postconviction proceedings. The author notes that, "Despite the important role of postconviction counsel, the United States Supreme Court has held that criminal defendants seeking state postconviction relief possess no constitutional right to counsel. . . .As a result, the existence of any right to counsel in postconviction proceedings depends entirely on the federal and state legislatures." The article lists standards for determining qualified counsel, and it explores how the appointment of effective postconviction counsel can play a crucial role in ensuring accuracy and fairness in death penalty appeals.
2003 Wisconsin Law Review 31 (2003). See Law Reviews.