Brief filed: 07/06/2006
Documents
Moore v. Maryland
United States Supreme Court; Case No. 05-1411
Argument(s)
Mistakes are made: to mount a meaningful defense in a DNA case, defendants must have an independent expert to retest the evidence, review the prosecution's test data for error, aid defense counsel in crossing the state's expert, and to testify for the defense if necessary. This is true even when the indigent defendant has retained counsel; defendants should not be forced to choose between their due process right to expert assistance and their Sixth Amendment right to counsel of their choice.
Author(s)
Authors: William F. Sheehan, John Moustakas and Anne M. Smetak, Goodwin Proctor LLP, Washington, D.C.