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the powerful business roundtable ratchets up a costly advertising campaign to cut corporate taxes even more. We can't afford to defend the poor. Oh, Gideon -- fifty years ago your trumpet was a dear, piercing cry for justice, and we've turned a deaf ear. THIS WEEK"s READINGS The simple truth is that i

f you know I am a huge fan of television journalist Bill Moyers and this week's show on Moyers & Company was — And Justice For All. Fifty years ago, the Supreme Court's landmark decision in the case of Gideon v. Wainwright established the constitutional right of criminal defendants to legal representation, even if

the haydays of the Warren Court. Many dealt with the rights of indigent defendants—an issue that came to the fore in the Supreme Court’s decision in Gideon versus Weinright, decided toward the end of the year of my Bazelon clerkship. That decision ruled that every indigent criminal defendant in a serious

The Supreme Court had a small basketball court on the fifth floor. The clerks called it “The Highest Court in the Land,” since it was directly above the Supreme Courtroom itself. Rumor had it that in previous years the clerks used to play basketball while the Justices were hearing arguments, and the sound of the bounci

, 373 U.S. 83, 86 (1963) (holding prosecution's withholding of the confession of defendant's confederate violated defendant's due process rights). 7 Gideon v. Wainwright, 372 U.S. 335, 342 (1963) (extending Sixth Amendment right to assistance of counsel to indigent state criminal defendants); Powell v. A

e citizens with "honest services" 1°? 160 - wrongdoing for which the public harm is sometimes hard to identify. [#894] By some accounts, including the U.S. Supreme Court's on occasion, 1°! this enforcement agenda has been overly aggressive. '°? But Congress has generally encouraged far-reaching federal enforcement, not

People Priority Goal"). 46 See Lichtblau, supra note 141. 47 See Paul G. Cassell & James R. Marsh, Full Restitution for Child Pornography Victims: The Supreme Court's Paroline Decision and the Need for a Congressional Response, /3 Ohio St. J. Crim. L. 1, 7 (2015). 48 See U.S. Dep't of Justice, supra note 145, at I

in opposition to a plea. The prosecutor refused to convey that information to the court and the trial judge accepted the plea. When the issue reached the Utah Supreme Court, the court concluded that the prosecutor had an ethical obligation as an officer of the court to convey that information to the judge: Prosecutors m

n handedly to both prosecution and the defense. Neither side is required to disclose the address or telephone number of a victim, thus complying with the Supreme Court's instruction that "in the absence of a strong showing of state interests to the contrary, discovery must be a two- 204 See infra notes 528-539 and ac

broadly permits the court in both civil and criminal cases to "request an attorney to represent any person unable to afford counsel." 49° And before Gideon v. Wainwright, *°° courts could request 45 Td. 46 Td. 47 Tn possible response to such concerns as I raise here, the Advisory Committee modified the

--- Page 21 of 52 2005 B.Y.U.L. Rev. 835, *870 court, and the trial judge accepted the plea. The victim then obtained legal counsel and appealed to the Utah Supreme Court, urging that under the Utah Victims’ Rights Amendment, her right to be heard regarding a plea had been violated. The State responded that the victim

also resided in that state would be incidental. An understanding of the Article II] provision as protecting the community's interest is bolstered by the Supreme Court's decisions on right of public access to trials. In cases such as Richmond Newspapers, Inc. v. Virginia, 7°4 the Court has held that a guarantee of the

th civil and criminal cases. 3!! While these cases do not directly involve [*913] appointment of counsel for crime victims, their principles 309 Cf. Gideon v. Wainwright, 372 U.S. 335, 344 (1963) (discussing "fairness" to the defendant as a reason for recognizing a right to appointed counsel). 310 150 C