Ineffective Counsel at Capital Sentencing Proceedings: Lockhart v. Fretwell

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Authors

Grimm, Stefanie A.

Issue Date

1994

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27

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Journal Article

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INTRODUCTION|The Sixth Amendment to the United States Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Sixth Amendment has been interpreted as granting not only the right to counsel, but the right to effective counsel.|The role of counsel in an adversarial proceeding is crucial, and when the defendant's counsel is ineffective, the integrity of the judicial system breaks down. The role of counsel is most crucial in a capital sentencing proceeding because the defendant literally faces life or death...

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27 Creighton L. Rev. 555 (1993-1994)

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Creighton University School of Law

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