Someone needs to explain to me why this case ever made it to SCOTUS. Actually, I have several questions:

  1. What are you asking for, exactly?
  2. Is this a case of getting too greedy or too literal?
  3. Did anyone consider the ramifications of an unfavorable decision in this case? (Let me spell it out for you: it could spell complete evisceration of a well-established and solidly pro-defense line of cases starting with Santobello)
  4. How do you get selected to argue in front of SCOTUS and then produce a complete clunker [pdf] (and not just one counsel – both!)?
  5. Does anyone think either lawyer has any clue as to what is being asked of them?

I fear that Puckett might win the battle, but lose the war. That would be bad news for all of us.

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