Questions for discussion
Kevin Mark Smith is an allied attorney with
the Alliance Defending Freedom in Wichita, Kansas, where he lives with his wife and
three daughters. He writes often on the law,
homeschooling, and issues of importance to
Christians, families, and conservatives on
1. Washington v. Texas, 388 US 14, 18 (1967)
(quoting;In re Oliver,;333;U.;S.;257,;273;(1948)).
3. The “bond appearance” is the date given
a suspect/defendant when released from jail, either by posting a bond or being released on his
own recognizance. It is the very first time a defendant appears before the court. At this point,
the judge must inform the defendant that he has
the right to either retain an attorney or ask the
court to appoint him one, the latter subject to
maximum income limits.
4. Gideon v. Wainwright, 372 U.S. 335, 337
5. “A writ employed to bring a person before a
court, most frequently to ensure that the per-
son’s imprisonment or detention is not illegal.”
Black’s Law Dictionary, 9th Edition (Thomson
Reuters 2011). Latin definition of habeas cor-
pus is “that you have the body.” The United
States Supreme Court is made up of 9 justices.
Unlike a criminal jury trial, the Court doesn’t
have to be unanimous on a case to make its
holdings binding on future litigants. 5-4 is
enough. Thus, a “divided court” would consist
of such a split, with the dissent of the 4 actually
carrying weight in future opinions.
6. Gideon, 372 U.S. at 339.
7. See Betts v. Brady, 316 U.S. 455 (1942).
8. The United States Supreme Court is made up
of 9 justices. Unlike a criminal jury trial, the
Court doesn’t have to be unanimous on a case
to make its holdings binding on future litigants.
5-4 is enough. Thus, a “divided court” would
consist of such a split, with the dissent of the 4
actually carrying weight in future opinions.
9. Gideon, 372 U.S. at 338.
10. Ibid. at 343 (citing Grosjean v. American Press
Co., 297 U. S. 233, 243-244 (1936)).
11. Strickland v. Washington, 466 U.S. 668, 683
14. Strickland, 466 U.S. at 681.
16. Strickland, 466 U.S. at 681.
17. Ibid at 682.
18. Ibid. at 687.
19. See 42 U.S.C. §§ 1983 & 1988. Section 1983
provides for financial damages when government actors deny someone their civil rights.
Section 1988 provides for payment of the litigant’s attorney fees and other costs.
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