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#2
03-22-2004, 10:09 PM
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Re: Article For Scalf.
[img]/images/graemlins/grin.gif[/img] i'd slug the counselor, too; it was probably a faked tape...lawyers are supposed to defend their clients, not agree with the opposition..i think this is obvious malpractice..if the lawyer felt he could not ethically defend his client, he shoulda recused hisself..
jmho.... bet all the lawyers met for a steak/lobster feast with makers mark..then split the profits.. gl [img]/images/graemlins/smile.gif[/img] [img]/images/graemlins/spade.gif[/img] 
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#3
03-22-2004, 10:39 PM
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Re: Article For Scalf.
No, you frivolously sue the county for inadequate security and negligence in appointing you to the murder case. You get a big settlement, THEN go for steak, lobster, and maker's mark. [img]/images/graemlins/smirk.gif[/img]
Actually that sounds like a nightmatre case. I bet there is overwhelming evidence of guilt, and the lawyers are doing the most intelligent thing at trial. But when your client sez he is totally innocent you have a problem with that kind of defense. I have never been that crosswise with a client. I hope I never am. Some defense strategy is up to the lawyer, not the client, but other times the client has all the say. (Client has 100% say in pleading guilty or not guilty. So it isn't too cool to essentially plead him guilty in front of a jury when he doesn't want that) We don't know what went on between the lawyer and client. Possible the client said go for second degree then when the lawyer did the client attacks him and says he is totally innocent. We will never know.
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#5
03-23-2004, 12:03 AM
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Re: Article For Scalf.
[ QUOTE ]
Actually that sounds like a nightmatre case. I bet there is overwhelming evidence of guilt, and the lawyers are doing the most intelligent thing at trial. But when your client sez he is totally innocent you have a problem with that kind of defense. I have never been that crosswise with a client. I hope I never am [/ QUOTE ] thats right - you can be reasonably sure that the lawyer has written instructions from his client to plead the way he did - dealing with dodgy or mentally ill people is common place for criminal lawyers in particular criminal lawyers appointed by the state - that doesnt excuse the lawyer from all responsibility though - part of the job is to control them stripsqueez - chickenhawk
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#6
03-23-2004, 12:11 AM
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Re: Article For Scalf.
Written instructions? I doubt it. If there is any writing the lawyer did a CYA memo I bet. Or the client wrote letters to the judge complaining about everything. But coherent written instructions? I'd lay odds there aren't. Just wait untill the guy starts sending in handwritten post conviction relief/ habeas corpus pleadings he thinks up in his cell. [img]/images/graemlins/smirk.gif[/img]
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#7
03-23-2004, 09:12 AM
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Re: Article For Scalf.
[ QUOTE ]
Just wait untill the guy starts sending in handwritten post conviction relief/ habeas corpus pleadings he thinks up in his cell [/ QUOTE ] i was wondering if you were a criminal lawyer - this was part of the maybe argument interesting issue whether there should be a mistrial - if its admitted that he commited the crime its hardly news that he has a temper and is violent - far more prejudicial if he were pleading not guilty and in that case i think should be an auto mistrial stripsqueez - chickenhawk
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#8
03-23-2004, 11:44 AM
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Re: Article For Scalf.
I don't know about the mistrial. Cases are pretty harsh on defendants who have outbursts. I think they typically don't let a defendant benefit from his bad behavior and deny a mistrial. I have not specifically researched the issue however.
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