According to Justice Clarence Thomas and the other five conservative justices of the Supreme Court, a person may be executed notwithstanding the utter failure of his defense counsel to perform competently. The Constitution guarantees an accused the right to counsel; being defended by an attorney who fails to provide a bare minimum of competent representation is tantamount to having no counsel at all.
Nevertheless, the Supreme Court majority values "finality" over the protection of a constitutional right and now forecloses federal judges from obtaining facts beyond the trial record, facts which should have been developed by competent counsel, when weighing whether an injustice has occurred. Requiring a reviewing federal court to rely upon an incomplete record and refrain from learning all relevant facts, is an abdication of the judicial function and an insult to the Constitution.
No comments:
Post a Comment