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Constitutional Law

Feb. 16, 2000

No Merit

These cases are significant losses for indigent defendants who do not have the resources to hire lawyers and instead must rely on appointed counsel.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

By Erwin Chemerinsky
         In two recent decisions, the U.S. Supreme Court has narrowed the rights of criminal defendants on appeal. In Smith v. Robbins, 120 S.Ct. 746 ( 2000), and Martinez v. California, 120 S.Ct. 684 ( 2000), the court reversed two 9th U.S. Circuit Court of Appeals decisions that had protected criminal defendants on direct appeal of their criminal convicti...

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