Bloomberg Law
May 11, 2017, 7:49 PM UTC

Systemic Constitutional Violations Can’t Be Fixed by SCOTUS Decision

Jessica DaSilva

Indigent defendants navigating state appeals face problems that are so fundamental and systemic, even an upcoming U.S. Supreme court opinion on the issue likely won’t be able to help them.

If Erick Daniel Davila wins at the high court, he’ll be allowed to make the claim, in a federal habeas corpus case, that the performance of his lawyer on direct appeal was deficient. Currently, that kind of claim is barred if it hasn’t been made in an earlier state habeas case.

But even if the Supreme Court allows his claim—here, that Davila’s appellate counsel failed to raise an argument about ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.