Raising the Bar: How Rompilla v. Beard Represents the Court's Increasing Efforts to Impose Stricter Standards for Defense Lawyering in Capital Cases

Abstract

The purpose of this note is to analyze the Rompilla decision and discuss its implications. Part II presents a brief history of the Sixth Amendment right to counsel and the development of the right to effective assistance of counsel in the context of capital cases. Part III outlines the facts of Rompilla. Part IV summarizes and evaluates the Court's majority, concurring, and dissenting opinions. Part V examines both the legal significance and the societal impact of the Rompilla decision.