Oliver Loewy points out that Brillion does not foreclose an ineffective assistance of counsel claim for failing to bring the case to trial within the constitutional speedy trial period. In Brillion's case there might even be a deprivation of counsel claim as the dissent points out there appears to be long periods where he did not have any attorney.
Tuesday, March 10, 2009
Further Thoughts: Speedy Trial Case
Oliver Loewy points out that Brillion does not foreclose an ineffective assistance of counsel claim for failing to bring the case to trial within the constitutional speedy trial period. In Brillion's case there might even be a deprivation of counsel claim as the dissent points out there appears to be long periods where he did not have any attorney.
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