Thursday, March 30, 2006

Two Cases Courtesy of Decision Of The Day Blog

So much to cover tonight I have no time for indepth analysis. It would be unnecessary thanks to the incisive and crisp briefing written by Rob Loblaw (yes I know that is his pseudonym)over at Decision of the Day. "Rob" has hit on two important US Court of Appeals decisions and analyzed them here and here.

Case 1. Deals with an assurance by a state prosecutor that the feds wouldn't use the conviction he was taking in state court against him at a later time when the Feds attacked. WRONG! The lesson for defense counsel, if it concerns you sufficiently to raise the subject, go to the US Attorney and try to get him to sign off on the plea bargain in state court. At least try to get him to commit to the same thing the state prosecutor is saying.

Case 2. Is a warning to prosecutors. If you are going to strike potential jurors for non race based reasons with peremptory challenges, keep a journal or notes as to why you struck each one, lest you be trying the case a second time.

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