NCJ Number
18159
Journal
Marquette Law Review Volume: 57 Issue: 2 Dated: (1974) Pages: 267-278
Date Published
1974
Length
12 pages
Annotation
APPRAISES COURT CASES HAVING TO DO WITH EFFECTIVE COUNSEL, SEARCH AND SEIZURE, AND CRIMINAL PLEAS.
Abstract
IN STATE V. HARPER THE COURT CHANGED THE TEST FOR COMPETENT COUNSEL TO BE DEFINED AS REPRESENTATION EQUAL TO THAT WHICH THE ORDINARY PRUDENT LAWYER WOULD GIVE TO CLIENTS WHO HAD PRIVATELY RETAINED HIS SERVICES. THE AUTHOR CONSIDERS THIS A VAGUE STANDARD AND RECOMMENDS THAT THE FOCUS OF INQUIRY IN DETERMINING THE EFFECTIVENESS OF COUNSEL SHOULD BE ON WHETHER THE RIGHTS OF THE DEFENDANT WERE PROTECTED. IN STATE V. PIRES THE COURT VOIDED A CONVICTION WHERE INCULPATORY EVIDENCE WAS FOUND BY POLICE IN A SEARCH DEEMED TO GO BEYOND THE TESTS OF REASONABLENESS AND 'PLAIN VIEW'. IN WAITE V. STATE A POLICEMAN WHO OBSERVED A BULGE IN THE OUTER COAT POCKET OF THE DEFENDANT REACHED INTO THE POCKET AND REMOVED A PLASTIC BAG CONTAINING PILLS SUBSEQUENTLY USED AS EVIDENCE. THE COURT JUDGED THE SEARCH REASONABLE. THE AUTHOR CONSIDERED THIS A POOR DECISION SINCE THE SEARCH WAS NOT PRECEDED BY A 'PAT DOWN'. IN STATE V. CHABONIAN THE COURT CONSIDERED THE ISSUE OF WHETHER A GUILTY PLEA WAS VOLUNTARILY AND KNOWLEDGEABLY MADE WHEN THE DEFENDANT WAS REPRESENTED BY COUNSEL. THE COURT RULED THAT THE DEFENDANT WAS REPRESENTED BY COUNSEL AT THE ARRAIGNMENT AND THEREFORE THERE WAS A PRESUMPTION THAT THE PLEA HAD BEEN KNOWLEDGEABLY AND VOLUNTARILY MADE. IN CASES INVOLVING PLEA BARGAINING THE COURT IS FOLLOWING A TREND TOWARDS BEING MORE LENIENT WITH THE TRIAL COURT IN TAKING A GUILTY PLEA WHEN THE DEFENDANT IS REPRESENTED BY COUNSEL THAN WHEN HE IS NOT.