Counsel’s Pass on Illicit Trial Closure Justified

A defense attorney’s failure to object to an unconstitutional partial closure of voir dire does not automatically fall short of the effective assistance of counsel guaranteed by the Sixth Amendment, the U.S. Court of Appeals for the First Circuit held Oct. 13. The court made clear that ”the Strickland v. Washington, 466 U.S. 668 (1984), standard for ineffective assistance `reflects the reality that lawyers do not enjoy the benefit of endless time, energy or financial resources.’ ” Defense attorneys must pick their battles, and the Sixth Amendment does not require defense counsel to recognize and raise every conceivable constitutional claim, the ...