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Non-Capital Habeas Cases After Appellate Review: An Empirical Analysis
(Federal Sentencing Reporter, 2012)
n 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% ...
Right Problem; Wrong Solution
(California Law Review Circuit, 2010-08)
In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, ...
Lafler v. Cooper and AEDPA
(Yale Law Journal Online, 2012)
The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the ...
Once a Criminal? Regulating the Use of Prior Convictions in Sentencing
(Marquette Lawyer Magazine, 2014)
On November 18, 2013, Nancy J. King, the Lee S. and Charles A. Speir Professor at Vanderbilt Law School, delivered Marquette Law School’s annual George and
Margaret Barrock Lecture in Criminal Law. This is an abridgment ...
Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry
(Duquesne Law Review, 2013)
This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations ...
Enforcing Effective Assistance After Martinez
(Yale Law Journal, 2013)
This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance ...
Sentencing and Prior Convictions: The Past, the Future, and the End of the Prior-Conviction Exception to Apprendi
(Marquette Law Review, 2014)
This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...
Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release
(Federal Sentencing Reporter, 2014)
This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the ...
Post Padilla: Padilla's Puzzles for Review in State and Federal Courts
(Federal Sentencing Reporter, 2011)
This article addresses questions that may face courts as defendants seek relief under the Court’s decision in Padilla v. Kentucky, which held that counsel’s failure to adequately inform the defendant of the deportation ...
Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to "Apprendi"
(SMU Law Review, 2014)
This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception to the rule in Apprendi v. New Jersey. It compiles options states ...