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My Client's a Moron, But That's Not Against the Law

By Shawn Matlock

Ah, yes.  One of my favorite lines from one of my favorite movies, A Few Good Men.  I have, on occasion, used this line when discussing the actions of a client.  Now, as it turns out, I can use it to discuss prosecutors.  Seriously.  Thank our good friend SCOTUS.As Scott Greenfield over at Simple Justice brought up, SCOTUS delivered the opinion of Van de Kamp v. Goldstein.  Apparently when you're incompetent, and you're a prosecutor, you're completely immune from a §1983 suit.  Therefore, you can be a moron, but that's not against the law.It seems that poor Goldstein was convicted and spent 24 years in a California prison because the prosecutors failed to provide the defense with Giglio material.  Specifically, the prosecutors didn't turn over the fact that the snitch who testified against him and got him convicted was a liar and was paid for his testilying ways...continue to full post

Full post as published by The Matlock Blog on January 27, 2009 (boomark / email).