home
Sen. Larry Craig: Court Denies Plea Withdrawal | 23 comments (23 topical)

Readers Must Login or Create an Account to Comment

The memorandum opinion (none / 0) (#16)
by Deconstructionist on Fri Oct 05, 2007 at 07:07:23 AM EST
  does not cite the rules but it does (p. 18) make the finding that he waived the right to counsel by circling "not represented."

 My point is that if Craig had more directly attacked the validity of the waiver on the grounds the record does not establish he was expressly advised of his CONSTITUTIONAL  right to be represented by counsel, the court would likely have not dismissed any such claim in such cursory fashion.

  There is a difference between knowing one is permitted to have counsel and knowing one has a constitutional right to have counsel. Maybe this is an argument that only appeals to criminal defense lawyers but i still feel it was by far his best one and one that was very poorly prsented. (Although I do think it remains preseved for appeal if just barely).

[ Parent ]

I think we agree (none / 0) (#23)
by Beldar on Fri Oct 05, 2007 at 05:20:53 PM EST
Oh, I agree entirely that the 15.02 argument was by far the best argument he had -- much better than anything else he urged.  Given that Judge Porter's opinion doesn't even cite to the rule, however, if he wants to preserve that argument for appeal, he probably needs to move for rehearing in the trial court, specifically urging that argument.  (That's just my guess; I'm not admitted in MN, don't know the state procedural rules or rules for preserving appellate error, but in Texas or federal practice, that's what you'd need to do.)

[ Parent ]

Sen. Larry Craig: Court Denies Plea Withdrawal | 23 comments (23 topical)

Readers Must Login or Create an Account to Comment

  • Premium Ads

  • Blog Ads

  • Contribute To TalkLeft

    donate to TalkLeft