Comments on: Cover your ass-ery continues

By: justin eisele

justin eisele — Sat, 06 Oct 2007 01:08:03 +0000

yes..no contest pleas are more common in sex cases…for some reason an admission in those deals is much tougher to spit out.

By: Gideon

Gideon — Fri, 05 Oct 2007 23:03:52 +0000

[quote comment="6385"]I think in Arkansas…many attorneys will advise the court in a bench conference of matters where defendants clearly are doing something wacky ie:

“I have conveyed the offer of probation and I have told him a jury will likely give him a cabillion years.”

I do not know the state law there, but I would think it would be odd to have an enhancement for sentencing that was…essentially a no contest plea right?[/quote]
As did I. Unfortunately, as I have been informed by more seasoned colleagues, it is not unusual for that to happen in child sex assault cases.

By: Gideon

Gideon — Fri, 05 Oct 2007 23:02:14 +0000

[quote comment="6380"]When I read attorney Gerace’s comments to the judge, I cringed, and I think I know why. If I tell the judge my client is not following my advice, am I not undercutting my client and thereby failing to zealous advance his interests? A memo to the file suffices to provide rear flank insurance.

In fact, wouldn’t a better response to the court have been one that took issue with the court’s claim that there is an Alfor plea tax at sentencing?

As but one example, I routinely decline to answer one local judge’s plea colloquy inquiry (to wit: Is your client entering his plea AGAINST your advice?) by reminding the judge that I never discose privileged matters, tho his inquiry seeks just that. This has never become an issue, then or later.[/quote]

This is exactly the problem and the discussion that ensued a few months ago. It really would suffice to write a memo to the file and present the client’s decision in a simple and dignified manner.

By: Gideon

Gideon — Fri, 05 Oct 2007 23:00:44 +0000

[quote comment="6373"]Methinks Mr. Gerace has issues. Perhaps it’s just this case, relative to the profile and the appearance that he has failed to do much for his client, but he needs to grow up and take the heat that goes with the job.[/quote]
Well, in hindsight, that 15 year offer sure looks good!

By: justin eisele

justin eisele — Fri, 05 Oct 2007 20:14:41 +0000

I think in Arkansas…many attorneys will advise the court in a bench conference of matters where defendants clearly are doing something wacky ie:

“I have conveyed the offer of probation and I have told him a jury will likely give him a cabillion years.”

I do not know the state law there, but I would think it would be odd to have an enhancement for sentencing that was…essentially a no contest plea right?

By: chris van wagner

chris van wagner — Fri, 05 Oct 2007 17:56:04 +0000

When I read attorney Gerace’s comments to the judge, I cringed, and I think I know why. If I tell the judge my client is not following my advice, am I not undercutting my client and thereby failing to zealous advance his interests? A memo to the file suffices to provide rear flank insurance.

[quote post="811"]Does the court (or the press) need to know the details of the attorney’s opinion and his strong advice to client? [/quote]

In fact, wouldn’t a better response to the court have been one that took issue with the court’s claim that there is an Alfor plea tax at sentencing?

By: Scott Greenfield

Scott Greenfield — Fri, 05 Oct 2007 15:14:25 +0000

Methinks Mr. Gerace has issues. Perhaps it’s just this case, relative to the profile and the appearance that he has failed to do much for his client, but he needs to grow up and take the heat that goes with the job.