Argument analysis: A genuinely undecided court on a difficult criminal procedure question

In the last oral argument of the week, in Weaver v. Massachusetts, the court confronted two seemingly incompatible lines of doctrine. When there is a “structural” error in a criminal trial, prejudice is often irrebuttably presumed and a new trial is ordered. But when a defendant alleges that his lawyer was constitutionally ineffective, he must … Continue reading Argument analysis: A genuinely undecided court on a difficult criminal procedure question