We dive into the standard for ineffective assistance. Just how bad does it have to be for a convicted person to get another trial? The answer? Pretty bad. Find it on Apple here or wherever you listen to podcasts.
Did a man really miss out on a lawyer because he asked for a “lawyer, dog” instead of just asking for a “lawyer”? And we read an insightful email on the Dammion Heard case. For more on the need to clearly invoke your right to a lawyer, read Davis v. United States, which held:
We decline petitioner’s invitation to extend Edwards and require law enforcement officers to cease questioning immediately upon the making of an ambiguous or equivocal reference to an attorney… [W]e held in Miranda that a suspect is entitled to the assistance of counsel during custodial interrogation even though the Constitution does not provide for such assistance. We held in Edwards that, if the suspect invokes the right to counsel at any time, the police must immediately cease questioning him until an attorney is present. But we are unwilling to create a third layer of prophylaxis to prevent police questioning when the suspect might want a lawyer. Unless the suspect actually requests an attorney, questioning may continue.
On July 26, 2009, eight people were killed when Diane Schuler went the wrong way on the Taconic Parkway in New York. The case is remembered by the haunting words of Diane’s niece to the girl’s father–“There’s something wrong with Aunt Diane.”
Hello everyone. It’s Brett and Alice, and we are so glad to have you along this crazy ride with us. We’re going to be talking about some of the most famous cold cases of all time, bringing our experience as prosecutors to bear on our favorite mysteries. We hope this website can become a repository of information on these cases, and any public documents we use or cite we will try to link here both to credit the authors and to give you access to them. The more eyes on these cases, the better. But before we do that, we wanted to introduce ourselves to all of you.
In this episode, we tell a little bit about ourselves, and we set out the rules we are going to do our best to stick to during our investigation. Here they are, our ten commandments of sorts.
The simplest answer is the most likely to be correct.
If there is no evidence of a crime, there probably wasn’t a crime.
Usually, law enforcement can be trusted.
Conspiracies are hard to pull off and even harder to keep secret.
Do not mistake incompetence for malice.
There will never be a theory that answers all the questions or addresses all the evidence.
We never know all the facts.
The most obvious suspect is usually the one who did it.
People lie, but that doesn’t make them liars.
BUT in extraordinary cases, expect the extraordinary. Cause what’s the point of rules if you can’t break them?