Questão jurídica principal
Whether the denial of court-appointed defense could be appealed directly to the Federal Supreme Court.
Decisão extraída
No. The cantonal remedy under Bernese criminal procedure had not been exhausted, so the Federal Supreme Court could not hear the complaint.
Fundamentação extraída
Because the objection proceedings against the pre-2011 penalty orders were still governed by former cantonal criminal procedure, the denial of legal aid defense was challengeable by cantonal recourse to the Bern cantonal appellate court. Direct federal review was therefore premature.