I heard that ABC was reporting that if Casey represents herself, the state will have to pay for all of the testing of evidence, etc. and also pay for Jose to advise her. So I guess they have figured out how to beat the system.
Exactly, Muzikman! This has Jose Baez's fingerprints all over it. WFTV is also reporting that the Anthonys have been "shopping" an interview for the morning shows tomorrow but ABC wants no part of it.
My bets are on what Fox 35 reported and that is she will retain JB and he will assign another attorney to be the lead since he is not experienced.
I seriously doubt KC will rep herself....
Wftv reporting that Casey may represent herself ... and get taxpayer monies to do so ... what are your thoughts on this?
I doubt she will represent herself, she never speaks! ..Plus it would be court room suicide.
Wftv reporting that Casey may represent herself ... and get taxpayer monies to do so ... what are your thoughts on this?
If Florida law won't let an inexperienced attorney represent her in a capital crime then no judge is ever going to let her represent herself.
That is just another red herring they are throwing out there.
I know that it seems that way ... but there is tons of precedence where convictions are overturned on appeal when the courts have refused to allow the defendant to represent themselves. It is a constitutional right and in fact one of the very oldest laws, predating much of the Bill of Rights. One such example is Faretta v. California. The Supreme Court said in the 1975 case that defendants have a constitutional right to waive counsel at trial if doing so voluntarily and intelligently. Furthermore, the high court ruled in the 1993 case of Godinez v. Moran, that the standard for determining competency to stand trial whether the defendant can understand the proceedings and assist in his defense is the same standard for waiving the right to counsel and pleading guilty.
This is a relatively recent decision California v. Dent
"When a motion to proceed pro se is timely interposed, a trial court must permit a defendant to represent himself upon ascertaining that he has voluntarily and intelligently elected to do so, irrespective of how unwise such a choice might appear to be. Furthermore, the defendant's 'technical legal knowledge' is irrelevant to the court's assessment of the defendant's knowing exercise of the right to defend himself."
Citing: (People v. Windham (1977) 19 Cal.3d 121, 128, 137 Cal. Rptr. 8, 560 P.2d 1187 [*8] (Windham), quoting Faretta, supra, 422 U.S. at p. 836.) Erroneous denial of a Faretta motion is reversible per se. ( McKaskle v. Wiggins (1984) 465 U.S. 168, 177, fn. 8, 79 L. Ed. 2d 122, 104 S. Ct. 944.)
As far as being able to use "ineffective counsel" or "ineffective assistance of counsel" as grounds for appeal it is important to remember as the Court stated in Faretta (...) when the accused manages his own defense, he relinquishes, as a purely factual matter, many of the traditional benefits associated with the right to counsel. (...) the loss of legal and technical expertise a lawyer provides could prove detrimental to any case. (...) a defendant who elects to self-represent has no right to appeal based on ineffective assistance of counsel."
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