On the recordFebruary 8, 1995
the lawyer from Pennsylvania billed his client's defense around a statute that 3 years earlier had been declared unconstitutional. These are only a few cases of many, many examples that show bad lawyers are appointed to death penalty cases. If a person has a bad lawyer, that lawyer obviously will fail to raise issues that should be raised when they should be raised. When that happens, Mr. Chairman, the only place they can be effectively heard is in Federal court on a habeas petition. If one has a good lawyer, however, that will raise all the important issues, so that they are heard of and disposed of in States courts, there is no need to review them in Federal court unless the State court has made a mistake in law. In other words, it will be done right the first time, and for so many of the members on that side of the aisle and on this side of the aisle who really feel that there is too much delay and too much appeal, the best way to ensure that there is not that delay, not only on a statutory but on a constitutional basis, is to make sure in this way that there is adequate counsel at trial. The amendment will help make sure we do it right the first time. It is fair, it is just, it is needed. I urge every member, whatever their view is on the ultimate bill, to support this very reasonable amendment.
Source
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