On March 5, the U.S. Supreme Court unan­i­mous­ly ruled that California inmate Kenneth Clair can­not have his con­vic­tion over­turned because he dis­agreed with the defense strat­e­gy used by his attor­neys. Clair was rep­re­sent­ed by court-appoint­ed attor­neys because he could not afford to hire his own. The dis­pute arose after Clair com­plained his attor­neys were ignor­ing evi­dence found by the pros­e­cu­tion that might prove his inno­cence. In 2005, he filed a peti­tion to change fed­er­al pub­lic defend­ers. A fed­er­al judge denied his request but the U.S. Court of Appeals for the Ninth Circuit over­turned the judge’s deci­sion. The U.S. Supreme Court, how­ev­er, unan­i­mous­ly ruled that the Court of Appeals was incor­rect. Justice Elena Kagan, who wrote the opin­ion, said that Clair wait­ed too long to change attor­neys. Justice Kagan wrote, The case was all over but the decid­ing; coun­sel, whether old or new, could do noth­ing more in the tri­al court pro­ceed­ings. At that point and in that forum, Clair’s con­flict with his lawyers no longer mat­tered.” Read full opin­ion here.

(T. Ramstack, Supreme Court Denies Death Row Inmate’s Request for New Attorneys,” AHN News, March 5, 2012; Martel v. Clair, No. 10 – 1265). See U.S. Supreme Court.

Citation Guide