Topic Watch film My Cousin Vinny paying…
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.... belligerence in the courtroom had landed him in jail:
In his direct appeal and again throughout post-conviction proceedings, Sutherland claimed that he was denied the assistance of counsel because the jailing of his attorney prevented the preparation of his defense. After those challenges were unsuccessful, Sutherland sought a writ of habeas corpus in federal court under 28 U.S.C. ? 2254. The district court denied his petition, a decision which Sutherland now appeals and we affirm. (Sutherland v. Gaetz, 2009)
Sutherland's appeal was based upon United States v. Cronic, 466 U.S. 648, 655-56 (1984), which states,
The right to the effective assistance of counsel is thus the right of the accused to require the prosecution's case to survive the crucible of meaningful adversarial testing. When a true adversarial criminal trial has been conducted ... the kind of testing envisioned by the Sixth Amendment has occurred. But if the process loses its character as a confrontation between adversaries, the constitutional guarantee is violated.
However, the appeals court denied the argument, stating that it "cannot accept that an attorney functioning on little rest, whether it be three hours of sleep or no sleep at all, would lack the presence of mind even…
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"Topic Watch Film My Cousin Vinny Paying Close Attention Steps Criminal Justice System Court Processes Write A Comparison Contrast Essay Similar Viewed Steps Illustrated Text Lecture REEL Justice CD" (2011, June 12) Retrieved May 30, 2015, from http://www.madpapers.com/paper/Topic-Watch-film-My/179714
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