cronic
argued
january
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associates
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involving
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kiting
scheme
whereby
checks
transferred
bank
florida
bank
oklahoma
respondent
retained
counsel
withdrew
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trial
date
district
appointed
young
lawyer
real
estate
practice
never
participated
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trial
represent
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allowed
days
prepare
trial
even
though
government
taken
four
years
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case
reviewed
thousands
documents
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respondent
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reversed
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right
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amendment
violated
finding
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five
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case
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stevens
delivered
opinion
burger
brennan
white
blackmun
powell
rehnquist
joined
marshall
concurred
judgment
edwin
kneedler
argued
cause
briefs
solicitor
general
lee
assistant
attorney
general
trott
deputy
solicitor
general
frey
john
fichter
de
pue
steven
duke
appointment
argued
cause
filed
brief
respondent
briefs
amici
curiae
urging
affirmance
filed
national
association
criminal
defense
lawyers
et
al
john
cleary
national
legal
aid
defender
association
et
al
richard
wilson
charles
sims
burt
neuborne
justice
stevens
delivered
opinion
respondent
two
associates
indicted
mail
fraud
charges
involving
transfer
checks
banks
tampa
norman
period
shortly
scheduled
trial
date
respondent
retained
counsel
withdrew
appointed
young
lawyer
real
estate
practice
represent
respondent
allowed
days
pretrial
preparation
even
though
taken
government
four
years
investigate
case
reviewed
thousands
documents
investigation
two
codefendants
agreed
testify
government
respondent
convicted
counts
indictment
received
sentence
appeals
reversed
conviction
concluded
respondent
assistance
counsel
defence
guaranteed
sixth
amendment
constitution
conclusion
supported
determination
respondent
trial
counsel
made
specified
errors
actual
performance
prejudiced
defense
failed
exercise
skill
judgment
diligence
reasonably
competent
defense
attorney
instead
conclusion
rested
premise
showing
necessary
circumstances
hamper
given
lawyer
preparation
defendant
case
question
presented
government
petition
certiorari
whether
appeals
correctly
interpreted
sixth
amendment
indictment
alleged
check
kiting
scheme
direction
respondent
codefendant
cummings
opened
bank
account
name
skyproof
manufacturing
skyproof
bank
tampa
codefendant
merritt
opened
two
accounts
one
name
one
name
skyproof
banks
norman
knowing
insufficient
funds
either
account
defendants
allegedly
drew
series
checks
wire
transfers
tampa
account
aggregating
deposited
skyproof
norman
bank
account
period
june
october
approximately
period
drew
checks
skyproof
norman
account
deposits
tampa
aggregating
process
clearing
checks
involved
use
mails
kiting
insufficient
funds
checks
banks
two
cities
defendants
allegedly
created
false
inflated
balances
accounts
outlining
overall
scheme
count
indictment
alleged
mailing
two
checks
less
early
may
additional
counts
realleged
allegations
count
except
reference
two
specific
checks
added
allegation
identifying
checks
issued
mailed
later
dates
trial
government
proved
skyproof
checks
issued
deposited
times
places
amounts
described
indictment
made
plea
bargains
defendants
cummings
merritt
actually
handled
issuance
delivery
relevant
written
instruments
government
proved
testimony
respondent
conceived
directed
entire
scheme
deliberately
concealed
connection
skyproof
prior
financial
tax
problems
district
ruled
prior
conviction
used
impeach
testimony
respondent
decided
testify
counsel
put
defense
government
witnesses
however
established
skyproof
merely
sham
actually
operating
company
significant
cash
flow
though
revenues
sufficient
justify
large
float
record
disclosed
also
established
absence
written
evidence
respondent
control
skyproof
personally
participated
withdrawals
deposits
jury
trial
ended
july
respondent
sentenced
august
counsel
perfected
timely
appeal
docketed
september
two
months
later
respondent
filed
motion
substitute
new
attorney
appeals
also
filed
motion
district
seeking
vacate
conviction
ground
newly
discovered
evidence
perjury
officers
norman
bank
government
knew
known
perjury
motion
also
challenged
competence
trial
counsel
district
refused
entertain
motion
appeal
pending
appeals
denied
motion
substitute
attorney
designated
respondent
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attorney
handle
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supplement
record
material
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counsel
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reversed
conviction
inferred
respondent
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right
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based
use
five
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counsel
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golub
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accused
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counsel
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justice
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cases
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trial
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value
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text
sixth
amendment
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much
amendment
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counsel
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assistance
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confronted
intricacies
law
advocacy
public
prosecutor
ash
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guarantee
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hold
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avery
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omitted
substance
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guarantee
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underlying
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ruth
lord
eldon
said
best
discovered
powerful
statements
sides
question
dictum
describes
unique
strength
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criminal
justice
premise
adversary
system
criminal
justice
partisan
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case
best
promote
ultimate
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guilty
convicted
innocent
go
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herring
new
york
premise
underlies
gives
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sixth
amendment
meant
assure
fairness
adversary
criminal
process
morrison
unless
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receives
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serious
risk
injustice
infects
trial
cuyler
sullivan
thus
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protected
sixth
amendment
requires
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counsel
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california
right
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rel
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iii
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moreover
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courts
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right
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crime
counsel
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state
national
constitutions
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laid
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assure
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every
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stands
equal
law
gideon
wainwright
time
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force
justice
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alabama
right
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counsel
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arbitrarily
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ash
argersinger
hamlin
gideon
wainwright
johnson
zerbst
powell
alabama
schaefer
federalism
state
criminal
procedure
harv
rev
sixth
amendment
however
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app
mackinnon
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sykes
white
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brennan
dissenting
tollett
henderson
parker
north
carolina
quoted
kaufman
judge
right
qualified
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see
also
polk
county
dodson
system
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adversarial
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ultimately
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public
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truth
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florida
plurality
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debate
adversaries
often
essential
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requires
us
also
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comment
facts
may
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capital
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specifically
right
assistance
counsel
understood
mean
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function
counsel
defending
criminal
prosecution
accord
traditions
adversary
factfinding
process
constitutionalized
sixth
fourteenth
amendments
whether
man
innocent
determined
trial
denial
counsel
made
impossible
conclude
satisfactory
degree
certainty
defendant
case
adequately
presented
betts
brady
black
dissenting
see
also
jones
barnes
brennan
dissenting
satisfy
constitution
counsel
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ferri
ackerman
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oppose
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litigation
see
engle
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agurs
tollett
henderson
parker
north
carolina
mcmann
richardson
brady
course
sixth
amendment
require
counsel
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bona
fide
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charge
counsel
create
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counsel
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tollett
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north
carolina
mcmann
see
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bordenkircher
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north
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alford
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appeals
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counsel
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representation
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claim
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strickland
washington
post
since
type
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upon
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maxwell
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payne
arkansas
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assisting
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new
york
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tennessee
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alabama
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maryland
per
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apart
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strickland
washington
post
see
generally
davis
alabama
vacated
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cooper
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ex
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green
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cases
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rev
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rev
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