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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?

To: Lane3 who wrote (22188)	8/15/2001 4:50:21 PM
From: Win Smith	Read Replies (1) \| Respond to of 82486

Looking that one up, I found this article on another case of liberal judicial meddling. Man Whose Lawyer Slept Is Eligible for a New Trial nytimes.com An inmate on death row in Texas since 1984 deserves a new trial because his lawyer slept during parts of his murder trial, a federal appeals court ruled today. Perhaps the Supreme Court will have to fix up that ruling, since it seems to override an important Texas precedent. In a Texas case in which the defense lawyer slept through most of his client's trial, the judge found no denial of due process. "The right to be heard," the Supreme Court ruled in 1932, in the famous Scottsboro Boys case, "would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel." But the Texas court didn't think it essential that defense counsel hear the case, or even be conscious: "The Constitution doesn't say the lawyer has to be awake," the judge ruled. theatlantic.com