Attorney Alan Ellis and Todd Bussert outline areas about which defense counsel should be aware in order to afford clients the greatest opportunity for post conviction relief. In this article, originally published in Criminal Justice, Volume 25, Number 1, Spring 2010 by the American Bar Association, they explore ethical constraints on defense counsel’s ability to advise clients and to shield themselves from ineffective assistance claims, as well as constraints on prosecutors’ ability to demand such waivers or to shield themselves from prosecutorial misconduct claims.
Stemming the Tide of Postconviction Waivers
By Alan Ellis
By Mark Allenbaugh