Archive for July 16, 2007
Runaway train
Jul 16th
Sometimes it feels like that’s what our clients are: a runaway train, wrong way on a one-way track. You try your best: you plead, you exhort, you beg; yet they have their own wisdom, their own logic, their own reason for doing things. Doesn’t matter that you’re an attorney and doesn’t matter that you’re trained to help them. Clients will do what clients want to do.
It’s disappointing and frustrating. We dedicate our lives, nay, our careers to those that no one else will help. We fight with them, we get angry with them, but we do it all for them. Not because we’re better; rather because we might as well be them.
PD Dude is experiencing this and I completely understand. You second guess yourself: “Could I have been more convincing? Should I have explained it better? Did I do something wrong?” It’s only because you care.
The lesson is never to give up, never to be defeated, but to know that you tried when not many others would.
For your musical enjoyment:
[youtube]http://www.youtube.com/watch?v=psP1bKKEtHg[/youtube]
Troy Davis granted 90-day stay of execution
Jul 16th
Update2: Here [pdf] is a copy of the order of the Board of Pardons and Paroles and here is their press release. [HT: SL & P]
Update: Abolish! has a copy of the statement given by U.S. Rep. John Lewis to the Board of Pardons and Paroles during the hearing. Here is an excerpt:
“We sometimes hear that a guilty person has gone free because of some legal technicality, and we understandably feel frustrated when that happens. Now we have the opposite situation. A man who may well be innocent may die tomorrow — all because of those technicalities. This is much more than frustrating; it is tragic. It is unjust. And at a time when we are trying to convince the whole world that our way is best, it does not speak well of us. I will say only a little about the facts of the case, because you have other witnesses that know them better than I.
“But here is what I understand to be true. I understand that there is no physical evidence. No murder weapon. No fingerprints. No DNA.
“Just the testimony of a few frightened and confused people who were taken completely by surprise when a tragedy suddenly erupted — without warning — for just a few seconds — in the middle of the night. And now, the case against Mr. Davis, that rested on that testimony, is a shambles. I understand that there were nine key witnesses, seven of whom have recanted their testimony. The eighth witness has left the state and refuses to talk about the case. And the ninth cannot recant without confessing that he committed the murder. Indeed, some of the other recanting witnesses have now implicated him.
Original post: Breaking news is that Troy Davis has been granted a 90-day stay of execution [eerily, the link is to a news website whose URL is 11alive.com].
The state Board of Pardons and Paroles has granted a 90-day stay of execution for Troy Davis, who was to be executed Tuesday in the killing of a Savannah police officer in 1989.
Lawyers for Davis spent more than five hours Monday pleading with the board to grant a reprieve, arguing that Davis is innocent of the murder of Officer Mark MacPhail.
Prosecutors were given a chance during the closed-door hearing to rebut the request for clemency for Davis, who was to be executed Tuesday at 7 p.m.
The board’s options included granting a stay of his execution while it considers the issues.
Also Monday, Davis’ lawyers filed an appeal before the state Supreme Court of an earlier decision by a Chatham County judge to deny a stay of Davis’ execution.
Among the people who argued for clemency for Davis during the parole board hearing were friends, family and U.S. Representative John Lewis, an Atlanta Democrat and civil rights icon. Five witnesses who testified at trial spoke to the board on Davis’ behalf, Ewart said.
Monday Morning Jumpstart
Jul 16th
The Jumpstart is back after a one-week hiatus for reasons unknown. Take these with your morning coffee:
- The big story for the next two days will be the impending execution of Troy Davis, who might just be actually innocent. CDW has been doing a wonderful job of collection information and educating us about Davis. I will have a full post on Davis later and I will be tracking the execution deadline.
- CDW’s weekly roundup is also available.
- This week’s Blawg Review is hosted by Jamie Spencer and focuses on Criminal Law.
- EyeID also has coverage of Troy Davis.
- Mark Bennett is creating a list of all bloggers in the “Practical Blogosphere”.
- Scott at Simple Justice discusses the PD vs. CJA study, providing his own insight based on his experience and has this fantastic post entitled “A Primer on Sentencing”.
- Prof. Berman informs us that the Senate has scheduled a hearing on the border agents case.
- SexCrimes links to a study on Static99 – a diagnostic tool for predicting sex offender recidivism.
Here are some of my posts from last week, in case you missed them:
- Appellate Court overturns sex offender treatment as condition of probation
- Public defender study
- Testilying in traffic court
- New Chief State’s Attorney for Hartford appointed: Impact on death penalty?
- “Banned words” trial starts/ends (?) with mistrial
- Indiana challenge to residency restrictions
- Is failure to register a continuing offense? Part II
- Gate pay for inmates a reality
- Choosing an attorney
- Being John Q. Prosecutor
Heh – looks like a mini crim law blawg review! Enjoy


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