Category: Quality of counsel

  • As we wrapped up a too-quick discussion of the "offense" for sentencing purposes with a focus on drug cases, I briefly mentioned the somewhat (in)famous litigation in Chicago surrounding so-called "stash-house sting" case.  I have done a series of blog posts about these cases at my main blog, some of which are linked below.  Here…

  • As mentioned in class, there are many lessons to draw from our Unibomber capital sentencing exercise, so the start of our next class will be continuing our discussion of capital sentencing laws and their application in Florida, Texas and Ohio.   One lesson we have already discussed in various ways in various settings is how many different…

  • I mentioned in class that some of the latest scholarship on wrongful convictions and false confessions is focused on the idea of prosecutorial tunnel vision.  Here are two articles discussing this idea: The Multiple Dimensions of Tunnel Vision in Criminal Cases Abstract:  The 170-plus postconviction DNA exonerations of the last 15 years have exposed numerous…

  • To give you a focus for examining modern death penalty statutes, the reading packet encourages thinking about how Ted Kaczynski might be prosecuted under the death penalty statutes in Texas and Florida.  Though not in the text, you should also consider how Ted might fare under Ohio’s death penalty statute.  (Ignore for this exercise that…

  • Any lawyer or law student interested in the death penalty should be attentive to the realities of representation issues in capital cases.  And that means every lawyer or law student interested in the death penalty must read Stephen Henderson’s fantastic series of related articles about the poor quality of capital defense assembled here under the…

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