http://bennettandbennett.com/blog/2007/04/too-common-ethical-violation.html the tao of criminal defense trial lawyering Sun, 21 Mar 2010 02:16:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 http://bennettandbennett.com/blog/2007/04/too-common-ethical-violation.html/comment-page-1#comment-1847 Another Common Ethical Violation : Defending People Fri, 28 Mar 2008 13:53:06 +0000 http://bennettandbennett.com/blog/?p=23#comment-1847 [...] resisting helping their clients get post-conviction relief — fits into the same category as lawyers making records against their clients. In fact, once I saw a twofer of those two violations when a “lawyer” in Victoria [...] [...] resisting helping their clients get post-conviction relief — fits into the same category as lawyers making records against their clients. In fact, once I saw a twofer of those two violations when a “lawyer” in Victoria [...]

]]> http://bennettandbennett.com/blog/2007/04/too-common-ethical-violation.html/comment-page-1#comment-1843 Covering Your Ass : Defending People Fri, 28 Mar 2008 13:51:28 +0000 http://bennettandbennett.com/blog/?p=23#comment-1843 [...] be the dissenting voice here. Scott is wrong. Miranda is way wrong. I’ve written about this before — it’s a common ethical [...] [...] be the dissenting voice here. Scott is wrong. Miranda is way wrong. I’ve written about this before — it’s a common ethical [...]

]]> http://bennettandbennett.com/blog/2007/04/too-common-ethical-violation.html/comment-page-1#comment-29 lawyerinphoenix Wed, 09 May 2007 15:24:00 +0000 http://bennettandbennett.com/blog/?p=23#comment-29 I agree with your comments. In Maricopa County, Arizona (Phoenix), as a result of a Court of Appeals decision, (Donald), commissioners have been directed to directly ask the accused whether or not the plea offer has been conveyed, whether the accused understands it, what the deadline is, and what benefits the accused will receive if accepted. To many, it is judicial pressure to plead. (In Donald, the Court of Appeals suggested that the appropriate remedy for a failure to convey a plea offer was to have the state re-offer the plea. Obviously, neither judges nor prosecutors liked this - hence, the "Donald hearing" as it has become known). It stinks of a cabal between judge and prosecutor. As a result of much bitching by the defense bar, however, it appears that these thinks may go away. As you say, its nobody's business but lawyer and client. I agree with your comments. In Maricopa County, Arizona (Phoenix), as a result of a Court of Appeals decision, (Donald), commissioners have been directed to directly ask the accused whether or not the plea offer has been conveyed, whether the accused understands it, what the deadline is, and what benefits the accused will receive if accepted. To many, it is judicial pressure to plead. (In Donald, the Court of Appeals suggested that the appropriate remedy for a failure to convey a plea offer was to have the state re-offer the plea. Obviously, neither judges nor prosecutors liked this – hence, the “Donald hearing” as it has become known). It stinks of a cabal between judge and prosecutor. As a result of much bitching by the defense bar, however, it appears that these thinks may go away. As you say, its nobody’s business but lawyer and client.

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