31-03-2016, 06:31 PM
Sometimes defense attorneys have to choose between defenses. For instance, in Texas, to get the defense of "self defense," you must actually admit or concede the actual assault. You cannot say, "I didn't do it, but if I did, it was self defense."
I can see how the court appointed defense lawyer, rather than attempting a risky (in the sense that if you lose, the client will certainly die) factual defense to the case in cheif, tried to save his life by offering a mitigation defense (which still may or may not work, but might add enough appellate cannon fodder to prolong his life; and if it does work, allow him to live long enough to eventually prove his innocence).
Such would not be an inappropriate response to her duty as his counsel, except under one circumstance: when, after consultation, the client instructs you to choose the riskier defense.
I can see how the court appointed defense lawyer, rather than attempting a risky (in the sense that if you lose, the client will certainly die) factual defense to the case in cheif, tried to save his life by offering a mitigation defense (which still may or may not work, but might add enough appellate cannon fodder to prolong his life; and if it does work, allow him to live long enough to eventually prove his innocence).
Such would not be an inappropriate response to her duty as his counsel, except under one circumstance: when, after consultation, the client instructs you to choose the riskier defense.
"All that is necessary for tyranny to succeed is for good men to do nothing." (unknown)
James Tracy: "There is sometimes an undue amount of paranoia among some conspiracy researchers that can contribute to flawed observations and analysis."
Gary Cornwell (Dept. Chief Counsel HSCA): "A fact merely marks the point at which we have agreed to let investigation cease."
Alan Ford: "Just because you believe it, that doesn't make it so."
James Tracy: "There is sometimes an undue amount of paranoia among some conspiracy researchers that can contribute to flawed observations and analysis."
Gary Cornwell (Dept. Chief Counsel HSCA): "A fact merely marks the point at which we have agreed to let investigation cease."
Alan Ford: "Just because you believe it, that doesn't make it so."