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	<title>Comments on: Who needs merit when you&#8217;re in habeas</title>
	<atom:link href="http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/feed/" rel="self" type="application/rss+xml" />
	<link>http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/</link>
	<description></description>
	<pubDate>Fri, 25 Jul 2008 10:22:16 +0000</pubDate>
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		<title>By: Gideon</title>
		<link>http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/#comment-13736</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Sun, 20 Jan 2008 01:52:50 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/#comment-13736</guid>
		<description>A) They don't have to be

2) Even if they are, I think it's quite something for an appellate court to not say something about an attorney that admits to filing frivolous claims.

III) How do you know I'm "feigning"? It surely was dramatic, but not in the least fake.</description>
		<content:encoded><![CDATA[<p>A) They don&#8217;t have to be</p>
<p>2) Even if they are, I think it&#8217;s quite something for an appellate court to not say something about an attorney that admits to filing frivolous claims.</p>
<p>III) How do you know I&#8217;m &#8220;feigning&#8221;? It surely was dramatic, but not in the least fake.</p>
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		<title>By: Jon Dodson</title>
		<link>http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/#comment-13731</link>
		<dc:creator>Jon Dodson</dc:creator>
		<pubDate>Sun, 20 Jan 2008 01:20:28 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/#comment-13731</guid>
		<description>Oh c'mon!  Frivolous ineffective assistance claims are brought in habeas proceedings ALL THE TIME!!  Its why ineffective assistance is one of the most litigated issues ever.  Especially when it comes to capital appeals and collateral proceedings, it seems to me the vast majority of claims are pretty frivolous.  Feigning outrage at the Rule 3.1 implications is a little much, don't you think?  Practicing law is an ethical minefield, and a gratuitous ineffective assistance claim seems relatively minor!</description>
		<content:encoded><![CDATA[<p>Oh c&#8217;mon!  Frivolous ineffective assistance claims are brought in habeas proceedings ALL THE TIME!!  Its why ineffective assistance is one of the most litigated issues ever.  Especially when it comes to capital appeals and collateral proceedings, it seems to me the vast majority of claims are pretty frivolous.  Feigning outrage at the Rule 3.1 implications is a little much, don&#8217;t you think?  Practicing law is an ethical minefield, and a gratuitous ineffective assistance claim seems relatively minor!</p>
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		<title>By: Gideon</title>
		<link>http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/#comment-13551</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Fri, 18 Jan 2008 14:13:04 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/#comment-13551</guid>
		<description>Oh you...

It was more of a play on the Court's use of the words.</description>
		<content:encoded><![CDATA[<p>Oh you&#8230;</p>
<p>It was more of a play on the Court&#8217;s use of the words.</p>
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		<title>By: Miranda</title>
		<link>http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/#comment-13542</link>
		<dc:creator>Miranda</dc:creator>
		<pubDate>Fri, 18 Jan 2008 13:33:53 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/2008/01/17/who-needs-merit-when-youre-in-habeas/#comment-13542</guid>
		<description>Why the correction at the end from "frivolous" to "weak"?  

Even if a claim is "weak" because, by your definition, the only evidence supporting it is my client's testimony, I don't think it's my place to worry about clogging the court system by bringing the claim.  Once I've explained the realities to my client, i.e., IAC claims are very difficult to win and the court will likely credit your attorney's version over yours, if my client wants to proceed because he/she maintains that it went down the way he/she says it did, then I think it is my obligation to raise the claim and put my client on the stand. (This is obviously assuming I have no reason to believe my client would present false testimony).

I see your point about how cooperating attorneys can eliminate claims from ever being litigated, but in my view, that isn't because a claim is "weak."  Rather, it's because a claim is "frivolous."  It's because whatever information the attorney provides kills my claim in a way that I can't fix, or offer evidence to rebut.</description>
		<content:encoded><![CDATA[<p>Why the correction at the end from &#8220;frivolous&#8221; to &#8220;weak&#8221;?  </p>
<p>Even if a claim is &#8220;weak&#8221; because, by your definition, the only evidence supporting it is my client&#8217;s testimony, I don&#8217;t think it&#8217;s my place to worry about clogging the court system by bringing the claim.  Once I&#8217;ve explained the realities to my client, i.e., IAC claims are very difficult to win and the court will likely credit your attorney&#8217;s version over yours, if my client wants to proceed because he/she maintains that it went down the way he/she says it did, then I think it is my obligation to raise the claim and put my client on the stand. (This is obviously assuming I have no reason to believe my client would present false testimony).</p>
<p>I see your point about how cooperating attorneys can eliminate claims from ever being litigated, but in my view, that isn&#8217;t because a claim is &#8220;weak.&#8221;  Rather, it&#8217;s because a claim is &#8220;frivolous.&#8221;  It&#8217;s because whatever information the attorney provides kills my claim in a way that I can&#8217;t fix, or offer evidence to rebut.</p>
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