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Saturday, November 22, 2014

Just watch the video

This article explains. I have nothing to add--skip to 22:38, when the respondent's argument begins. Somehow, law professors are to blame for this.


Posted by Howard Wasserman on November 22, 2014 at 09:31 AM in Culture, Howard Wasserman | Permalink


Of course, the video has gone viral, what with the Thomas Jefferson get-up and the outrageous facts. But beyond the antics of the defense lawyer, I have a question about the judge (and maybe the prosecutor too). Based on the findings in the disciplinary proceeding, it seems that it was obvious to everyone at the trial that the defendant wasn't receiving effective assistance of counsel, and that realization must have been clear pretty early on -- at least as early as the point that counsel screwed up the alibi defense, long before the disaster of the penalty phase. Under these extraordinary circumstances, shouldn't the court have considered in media res whether effective assistance was being provided and taken steps to remove the lawyer? Is there really no alternative to just letting the whole mess play out and then having the result vacated afterwards (or, worse, allowed to stand)?

Posted by: New Yorker | Nov 22, 2014 10:37:31 AM

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