Wednesday, November 03, 2004

Florida v. Nixon

Oral arguments were held at the US Supreme Court in the second death penalty case of the year yesterday. The issue before the Court in Florida v. Nixon involves the "right" of a defense attorney to set the strategy for trial with or without his or her client's consent. In Nixon's case, defense counsel conceded Nixon's guilt as part of its defense strategy without Nixon's permission (first of all, the issue in the case is 6th Amendment right to counsel, but how does this not violate the 5th Amendment right against self-incrimination? Because its not testimony of the accused?). The Florida Supreme Court awarded Nixon a new trial by a 5-2 margin. I suspect the U.S. Supreme Court will agree, but you never know. Keep your fingers crossed.

While you're at it...pray (whether you pray or not) that Justice John Paul Stevens is able to keep trucking for many many more years.

Can defense attorney say client's guilty?

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