 An article in the American Criminal Law Review , published in 2011 by Stacey Kime , disagreed with some of Hewett 's arguments . Kime argued that " it is well settled that criminal defendants have a constitutional right to present exculpatory evidence " , disagreeing with the idea that the basis for a robust defense had been gutted . Instead , she blamed the " incoherent " standard today on a lack of understanding of where the " source of this constitutional right " to have a strong defense lies . Unlike Hewett , who targeted post @-@ Washington decisions , Kime believed that there were flaws in the Washington opinion itself . Specifically , she argued that " the Court 's reasoning was not only unnecessary , but the Washington doctrine itself is inconsistent with the Sixth Amendment 's history and text " . 
