CONSTITUTIONAL LAW - DUE PROCESS - ONLY INEFFECTIVENESS OF RETAINED COUNSEL WHICH IS KNOWN TO STATE OFFICIAL OR RENDERS TRIAL 'FUNDAMENTALLY UNFAIR' INVALIDATES STATE CONVICTION. FITZGERALD V ESTELLE, 505 F.20 1334 ...

• NCJ Number: 31797
• Journal: Harvard Law Review Volume: 89 Issue: 3 Dated: (JANUARY 1976) Pages: 593-601
• Author(s): ANON
• Date Published: 1976
• Length: 9 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE COURT'S STANDARD FOR ADJUDICATING CLAIMS OF INEFFECTIVE ASSISTANCE OF RETAINED COUNSEL WAS THE RESULT OF AN ATTEMPT TO HARMONIZE TWO LINES OF FIFTH CIRCUIT CASES.

Abstract

ONE REQUIRED THE SAME STANDARD OF EFFECTIVENESS WHETHER COUNSEL WAS RETAINED OR APPOINTED; THE OTHER WAS SAID TO HOLD THAT THE FOURTEENTH AMENDMENT STATE ACTION REQUIREMENT WAS NOT MET IN CASES INVOLVING THE ADEQUACY OF RETAINED COUNSEL UNLESS A STATE OFFICIAL KNEW OR SHOULD HAVE KNOWN OF THE LAWYER'S ERRORS. THE COURT SUGGESTED THAT THESE CASES COULD BE RECONCILED BY DISTINGUISHING THE CONSTITUTIONAL BASES FOR RELIEF IN PARTICULAR CASES OF ALLEGED INEFFECTIVE ASSISTANCE OF RETAINED COUNSEL. (AUTHOR ABSTRACT)