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Turner v. Rogers: Why the Supreme Court is a Day Late and a Dollar Short

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  1. Richard Zorza says:

    I particularly like your idea that this, Betts like, is the beginning of a process that may lead in many directions. The problem with Lassiter was that it seemed to be read in a way that cut off ongoing litigation. While I am not sure that was the only or inevitable way to read Lassiter, after that opinion there seems to have been little attempt to question on what kind of facts the presumption of lack of counsel might be overcome. Surely the impact of Turner should be the opposite — the decision is an invitation to continued exploration (not only by litigation) of how to optimize, as well as the appropriateness and sufficiency of, alternative protections, indeed in many contexts.