Kimberly Hurrell-Harring v. State of…

Summary

The New York Court of Appeals reinstated the plaintiffs' class action alleging systemic denial of counsel, holding that the complaint states cognizable Sixth Amendment claims for constructive denial of counsel and that the appellate division's order should be modified and affirmed. The Court rejected the view that such claims are non‑justiciable and limited to post‑conviction relief, while noting a dissent that the complaint fails to state a claim.