Question: How would a “Wise Latina” describe a man who on the Stand wears a Hitler Moustache, gives a Nazi Salute and says he will kill again and names his victims?

Posted: October 14, 2009 by datechguy in oddities, opinion/news
Tags: , , ,

Answer: Apparently as a man who has “ineffective assistance of counsel.”

Maybe it’s just me but if I have a defendant who takes the stand with a Hitler mustache and says he’s glad for what he’s done and he will do it again I’d say that a closing Argument by Clarance Darrow or even Perry Mason wouldn’t make a difference.

As Althouse notes Scalia asked:

“What would you have done? It makes sense logically to say he has the worst defendant he has ever seen. He’s murdered lots of people in cold blood. He gets up on the stand and says, ‘I’m going to kill a lot more.’ He sounds totally bonkers.”

but Sotomayor saw it differently:

remarking on the lawyer’s strategy of using the crimes themselves as evidence of mental illness”: “At some point you can have a strategy and execute it so poorly, so incompetently, that you’re providing ineffective assistance of counsel.”

If this is a “wise Latina” I’m afraid to see what a blithering idiot would be like.

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