8.21.2006
Friendly Request
Can we PUUHleeeze tone down some of the language in the Comments? Baby Jesus would not be pleased.
(That's a Talledegha Nights reference which I saw this weekend - Big Thumbs Up, by the way).
From The Star Telegram This Morning
Edit: This was actually the same story that appeared in the Update. Oops. An updated Star Telegram story, however, is here.
Can I Get A Witness?
A massive tort reform set of laws were enacted at the end of 2003. The Star Telegram had a story today about the laws' impact with this "graph" showing the number of medical malpractice suits filed.
8.19.2006
Oh, My!
Rebecca Simpson's sentenced reduced to 5 years! (Star Telegram story).
This is odd. There is no question that a lawyer must inform his client of any plea offers and failure to do so is ineffective assistance of counsel. The very unique aspect of this case is that the judge ruled the plea bargain offer was still valid so that the defendant could still accept it. If the judge had denied the motion for new trial but an appellate court had reversed the case for ineffectie assistance, the remedy would simply have been a new trial.
And check out this reason the defense lawyer gave for not communicating the plea bargain offer:
"I don't believe for a moment that she would have ever entertained any plea offer that would have involved a prison sentence," Jack said. "She signed a contract on a house, paid for a $83,000 Mercedes in full six weeks before the trial, and was planning to get married in Hawaii after the trial was over.These are not the actions of someone preparing to go to prison."
8.18.2006
Lost in the News . . .
. . . was a district judge declaring unconstitutional President Bush's secret telephone call spying program. The decision was a 44 page opinion that gave me Triple Tired Head. But the image above is the last sentence of the opinion. Pretty much sums it up.
Fergie Has A New Album
FBI Profilers
Slight Rant
We wrapped up a defense in a criminal case in Jacksboro today that involved a special prosecutor. (The DA's office had to recuse itself since a family member of the defendant had worked in that office). In any event, I feel sorry for Jack County due to the expense that was involved for the prosecution. The case ended up involving a trial which could have been avoided by a reasonable plea bargain offer. The end result would have been the same and thousands of dollars could have been saved. (And I think there is another bill, in addition to the two listed above, that is coming.)
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