Right-wingers on the Supreme Court ruled 6-3 this month that people who receive ineffective assistance of counsel are not entitled to present new evidence to prove their innocence in federal court.
In a shameful opinion that broke down along ideological lines, the right-wingers on the Supreme Court ruled 6-3 this month that people who receive ineffective assistance of counsel are not entitled to present new evidence to prove their innocence in federal court.
Arizona law didn’t allow Jones to argue on direct appeal that his trial lawyer provided him with ineffective assistance of counsel. The first time he could raise this issue was in a state habeas corpus proceeding, where Jones once again was appointed an incompetent lawyer, whofor appointment in a capital case. The new lawyer also carried out almost no investigation, failing to investigate the ineffective assistance of Jones’s trial attorney.
Arizona appealed the District Court’s decision, arguing that the Antiterrorism and Effective Death Penalty Act prevented the District Court from considering new evidence. The Ninth Circuit Court of Appeals affirmed the District Court’s ruling.David Ramirez was convicted of capital murders of his girlfriend and her daughter. During the sentencing phase, the state court appointed a psychologist to conduct a mental health evaluation of Ramirez.
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