(In)effective Assistance of Counsel for Criminal Defendants -- 2008 National Convention Breakout Session

Supreme Court decisions have made it significantly more difficult for those convicted of crimes to prevail on ineffective assistance of counsel claims, even though many believe that the possibility of appellate review of these claims is one of the principal factors motivating states to supply a basic level funding for counsel for indigent defendants. The stakes are always high, but they are especially high in death penalty cases. How should effective assistance of counsel be measured? What is the national commitment to the right to counsel, and how should it be measured in financial terms? How does this situation play out in the states?

Panelists included:

Supreme Court decisions have made it significantly more difficult for those convicted of crimes to prevail on ineffective assistance of counsel claims, even though many believe that the possibility of appellate review of these claims is one of the principal factors motivating states to supply a basic level funding for counsel for indigent defendants. The stakes are always high, but they are especially high in death penalty cases. How should effective assistance of counsel be measured? What is the national commitment to the right to counsel, and how should it be measured in financial terms? How does this situation play out in the states?

Panelists included:

• Moderator, Judge Merrick Garland, U.S. Court of Appeals for the D.C. Circuit (Windows Media)
• Judge Louis Sands, U.S. District Court for the Middle District of Georgia (Windows Media)
• Michael Dreeben, Deputy Solicitor General, Office of the Solicitor General (Windows Media)
• Donald Verrilli, Jenner & Block LLP (Windows Media)
• Beth Wilkinson, Executive Vice President, General Counsel and Corporate Secretary, Fannie Mae (Windows Media)

Discussion: (Windows Media)
Questions and Answers: (Windows Media)