 Posted: Sun 9:32, 18 Aug 2013 Post subject: Lawyer's testimony gets client's conviction flippe |
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Schotl,82% off duvetica usa outlet duvetica down jackets duvetica online store, a resident of Morgan Hill,デュベティカアウトレット, 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,デュベティカダウンジャケット, 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,デュベティカ 激安, Schotl filed a motion to withdraw his plea,ダウンジャケットメンズ, saying he hadn't understood the consequences because he had not been taking medication for attention deficit problems. The prosecutor,デュベチカ 通販, in opposing,デュベチカ専売店, announced he planned to call Schotl's lawyer,デュベティカ 店舗 大阪, Anthony Pagkas of San Jose,http://youthsoccercleatsstore.blogspot.com/, to the witness stand. Once there,デュベティカ 店舗, 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,デュベチカ専売店, Schotl's questions were "coherent and relevant." But later during closing arguments,デュベティカ 店舗, Pagkas told jurors that if Schotl had been on the proper medications,デュベティカ 激安, he wouldn't have taken the plea bargain,ダウンジャケットメンズ, 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,デュベティカアウトレット. "The fact that Pagkas' testimony supported the prosecution's position likely carried great weight with the court,Duvetica Piumini Italia Outlet Shop Duvetica Down Jackets Uomo," 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,http://parajumperssalefreeshippings.blogspot.com/." Justices Patricia Bamattre-Manoukian and Wendy Duffy concurred,http://kevindurantshoesonlinestore.blogspot.com/. The court also said Pagkas should have tried to cross-examine himself - a practice the court called "awkward but not impossible,デュベティカダウンジャケット." "Rather than proceed in a question-and-answer fashion,デュベチカ 通販," McAdams wrote,http://parajumpersparkamen.webmium.com/, "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,http://bestsoccercleatsonlinestore.blogspot.de/. 相关的主题文章： http://www.w3.org/QA/2012/06/tracking_controversy.html#comments http://www.898www.com/home.php?mod=space&uid=163601 http://www.qingren8.com/forum.php?mod=viewthread&tid=188293 http://515559.com/ http://www.sxcdmpa.cn/../admin/index_face.asp http://aawsat.kvlive.info/?q=node/1664945 http://gd-win.com/forum.php?mod=viewthread&tid=292238 http://wahaha.org.qiyedns.com/forum.php?mod=viewthread&tid=197660 http://www.dokechin.com/2013/01/perl-3.html#comments http://dream-t.fkoh.jp/blog/2013/07/post-76.html#comments http://383478960.com/forum.php?mod=viewthread&tid=149049 http://www.m-and-g.com/cgi/joyful.cgi?page=10 http://app.legu168.com/pro/view/post:247175 http://www.gototb.com/forum.php?mod=viewthread&tid=283780 http://126qq.5d6d.com/ |
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