Does Proof Matter at the Supreme Court?

The Sixth Amendment is supposed to guarantee the right to a fair trial—including a lawyer, even if the defendant can’t afford one. But Indigent Defense is woefully underfunded and, sometimes, State-appointed lawyers are nowhere near as competent as Federal attorneys. A new Supreme Court ruling makes it more difficult to use exonerating evidence discovered on a federal level to prove innocence, even if state counsel didn’t look for it.

Guest: Leah Litman, law professor at University of Michigan, specializing in constitutional law and federal courts, and co-host of the podcast Strict Scrutiny

If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Dear Prudence—and you’ll be supporting the work we do here on What Next. Sign up now at slate.com/whatnextplus to help support our work.

Hosted on Acast. See acast.com/privacy for more information.