en.wikipedia.org/wiki/Pro_se_legal_representation_in_the_United_States
2 corrections found
Once convicted, a prisoner no longer has the right to a public defender.
This is too absolute. Indigent criminal defendants retain a right to appointed counsel on their first appeal as of right after conviction, and federal law also authorizes appointed counsel in some post-conviction proceedings.
Full reasoning
The sentence is incorrect because a conviction does not end all rights to publicly funded counsel.
- In Douglas v. California, the Supreme Court held that when a state provides a first appeal as of right, indigent defendants are entitled to counsel on that appeal.
- In Evitts v. Lucey, the Court reaffirmed that "[t]he Due Process Clause of the Fourteenth Amendment guarantees a criminal defendant the effective assistance of counsel on his first appeal as of right."
- Federal post-conviction practice also shows the statement is overbroad: 28 U.S.C. § 2255(g) expressly provides that in proceedings under § 2255, "the court may appoint counsel" under the Criminal Justice Act.
So while there is not a general constitutional right to counsel for every collateral attack after conviction, it is false to say that once convicted a prisoner no longer has any right to a public defender or other appointed counsel.
3 sources
- William DOUGLAS and Bennie Will Meyes, Petitioners, v. The PEOPLE OF the STATE OF CALIFORNIA. | Supreme Court | LII
The Court said it was dealing 'only with the first appeal, granted as a matter of right ... from a criminal conviction' and held that deciding that appeal without counsel for an indigent defendant draws 'an unconstitutional line.'
- Ralph W. EVITTS, Superintendent, Blackburn Correctional Complex and David L. Armstrong, Attorney General, Petitioners, v. Keith E. LUCEY. | Supreme Court | LII
The Due Process Clause of the Fourteenth Amendment guarantees a criminal defendant the effective assistance of counsel on his first appeal as of right.
- 28 U.S. Code § 2255 - Federal custody; remedies on motion attacking sentence | LII
Section 2255(g) provides that 'the court may appoint counsel' in proceedings under this section, governed by 18 U.S.C. § 3006A.
Motions for post conviction relief are considered civil motions.
This is overbroad and incorrect. At least in federal practice, a § 2255 post-conviction motion is treated as a continuation of the criminal case, not a separate civil action.
Full reasoning
This sentence states a categorical rule that is not true.
In federal court, a motion under 28 U.S.C. § 2255—one of the main post-conviction remedies for people in federal custody—is not treated as a separate civil case. The Advisory Committee Note reproduced with § 2255 explains that this is possible "because a motion under § 2255 is a further step in the movant's criminal case and not a separate civil action." Cornell's Wex gives the same summary: a § 2255 motion is "a continuation of the criminal case whose judgment is under attack rather than a new civil action."
Because the article states that post-conviction motions are civil motions across the board, it misstates the law. Some post-conviction proceedings are civil in character, but the blanket statement is false.
2 sources
- 28 U.S. Code § 2255 - Federal custody; remedies on motion attacking sentence | LII
The Advisory Committee Note states: 'This is possible because a motion under § 2255 is a further step in the movant's criminal case and not a separate civil action.'
- writ of error | Wex | LII
Cornell's Wex explains that 'a § 2255 motion is considered to be a continuation of the criminal case whose judgment is under attack rather than a new civil action.'