Legal Opinion

Yarls v. Bunton

Court of Appeals for the Fifth Circuit

Decided October 4, 2018No. 17-30779PublishedCited by 35 opinions

1Opinion of the CourtDon R. Willett, Circuit Judge

This is a constitutional challenge to Louisiana public defenders' practice-now discontinued-of placing indigent, non-capital defendants on waitlists for appointed counsel. Appellants allege this practice, the result of chronic budgetary shortfalls, violates poor defendants' Sixth and Fourteenth Amendments rights to a speedy trial and to assistance of counsel. They seek a declaratory judgment that such waitlists are unconstitutional and injunctive relief requiring Appellees-the Louisiana State Public Defender and the Chief District Defender for Orleans Parish-"to provide competent counsel to…

2Cases cited22 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Baker v. CarrSupreme Court of the United States · 1962
  4. O'Shea v. LittletonSupreme Court of the United States · 1974
  5. Spencer v. KemnaSupreme Court of the United States · 1998

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3Cited by35 opinions

  1. Mark Spell v. John EdwardsCourt of Appeals for the Fifth Circuit · 2020
  2. Tucker v. GaddisCourt of Appeals for the Fifth Circuit · 2022
  3. Freedom From Religion Fdn v. AbbottCourt of Appeals for the Fifth Circuit · 2023
  4. AAPS v. ABIMCourt of Appeals for the Fifth Circuit · 2024
  5. Barnes v. CollierDistrict Court, W.D. Texas · 2020

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