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Criminal Law

: The Matlock Blog

Is this bad?

By Shawn Matlock

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I'm just thinking out loud here, (ok, typing, but whatever) but does the word "reprehensible" seem like a good campaign slogan? Every now and then, what happens in state court comes back up in federal court. It almost never, ever, never, ever, never involves a federal judge reviewing the conduct of a state court judge. Of course, until it does. Imagine this scenario. A state court judge conducts his/ her business as usual, and mystifyingly sentences someone to, say 15 years in prison for failing to report on time to her probation officer. Then, the defendant brings her 2254 claim into federal court alleging ineffective assistance of counsel. With me so far?During the hearing, not only does the appointed-for-life federal judge decide the defense attorney was indeed ineffective, but also has a few choice words for the state court judge...continue to full post

Full post as published by The Matlock Blog on May 19, 2009 (boomark / email).