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

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not precedent (none / 0) (#6)
by eric on Thu Oct 04, 2007 at 03:53:36 PM EST
Correct, this decision would not be precedent for any future case.  One is always free to present a district court order as persuasive if the facts are similar, but that's it.

I don't think Craig really thought the waiver of counsel argument was a winner so that was not a major part of his argument.  I think that is correct, but he really didn't have much to go on outside of that argument, either.  In my view, Judge Porter would have looked to the letters and conversations outside of the plea agreement, along with Craig's background, and found that he was not deprived of his right to counsel.  On the other hand, the waiver is an explicit requirement, if I recall, and it could have been argued a little more fully.  It certainly gets more traction, in my opinion, than attacking the conduct and the disorderly conduct statute.

I am not suprised by the Court's ruling.  Judge Porter did a very good job with the Memorandum, as well.  It shows a reasoned and thorough analysis.  I don't see an appeal coming.

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

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