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cheapbag214s
Posted: Sun 9:32, 18 Aug 2013
Post subject: Lawyer's testimony gets client's conviction flippe
Lawyer's testimony gets client's conviction flipped Legal Pad,
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Schotl,
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, a resident of Morgan Hill,
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, had pleaded no contest to four drug charges in exchange for the prosecution dropping two others. That guaranteed Schotl a sentence of no more than 16 months in prison,
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, which is what he got when sentenced by Santa Clara County Superior Court Judge Hugh Mullin III.
But nearly three months after accepting the plea agreement,
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, Schotl filed a motion to withdraw his plea,
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, saying he hadn't understood the consequences because he had not been taking medication for attention deficit problems. The prosecutor,
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, in opposing,
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, announced he planned to call Schotl's lawyer,
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, Anthony Pagkas of San Jose,
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, to the witness stand.
Once there,
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, Pagkas testified that he wouldn't let clients plead guilty if he wasn't confident they knew what they were doing. He also said that although Schotl seemed to need a bit more help than most clients in understanding the issues,
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, Schotl's questions were "coherent and relevant."
But later during closing arguments,
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, Pagkas told jurors that if Schotl had been on the proper medications,
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, he wouldn't have taken the plea bargain,
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, and instead would have insisted on going to trial.
The Sixth District said Pagkas' trial testimony contradicted his clients' claim - and Pagkas' own argument - that Schotl didn't understand the plea because he wasn't on his meds,
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.
"The fact that Pagkas' testimony supported the prosecution's position likely carried great weight with the court,
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," McAdams wrote. "This raises serious doubts regarding the propriety of Pagkas' continued participation as defense counsel."
McAdams also held that Pagkas' interest in showing his performance wasn't deficient "conflicted with defendant's interests in showing that he did not understand the proceeding,
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."
Justices Patricia Bamattre-Manoukian and Wendy Duffy concurred,
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.
The court also said Pagkas should have tried to cross-examine himself - a practice the court called "awkward but not impossible,
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."
"Rather than proceed in a question-and-answer fashion,
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," McAdams wrote,
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, "Pagkas could have asked the court for leave to make a factual statement or an offer of proof in his capacity as witness on behalf of defendant."
The court returned the case to the trial court for the appointment of "conflict-free counsel" to consult with Schotl about a renewed motion to withdraw his plea,
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.
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