Nearing Thirty Years: The Burger Court, Strickland v. Washington, and the Parameters of the Right to Counsel

Authors

Joshua E. Kastenberg, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

Spring 7-1-2013

Abstract

In Strickland v. Washington, the Court issued a standard for determining when defense counsel's ineffective performance, through no direct fault of the prosecution, law enforcement, public, or judiciary, undermined the fairness of a trial such that a conviction or sentence had to be rendered as a violation of due process. The article's conclusion presents a model for applying the legal history underlying Strickland to ineffective assistance cases.

Publication Title

Journal of Appellate Practice and Process

Volume

14

Issue

2

First Page

215

Last Page

392

Recommended Citation

Joshua E. Kastenberg, Nearing Thirty Years: The Burger Court, Strickland v. Washington, and the Parameters of the Right to Counsel, 14 Journal of Appellate Practice and Process 215 (2013).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/438