Public Defense

Careful what you wish for

By Gideon

Someone needs to explain to me why this case ever made it to SCOTUS. Actually, I have several questions:

1. What are you asking for, exactly?
2. Is this a case of getting too greedy or too literal?
3. Did anyone consider the ramifications of an unfavorable decision in this case? (Let me spell it out for you: it could spell complete evisceration of a well-established and solidly pro-defense line of cases starting with Santobello)
4. How do you get selected to argue in front of SCOTUS and then produce a complete clunker [pdf] (and not just one counsel - both!)?
5. Does anyone think either lawyer has any clue as to what is being asked of them?

I fear that Puckett might win the battle, but lose the war. That would be bad news for all of us.

Full post as published by A Public Defender on January 23, 2009 (boomark / email).