Defense attorney claims that his client is not competent. He's been to Vernon's twice in the past year. Back yesterday. Because the Defense has always hesitated to go forward with motions due to the alleged incompetency we have had no motions heard- all set for tomorrow. Case is set for Jury trial next Tues. Isn't that automatic reversible error?How can the Defense be forced to trial in 9 days? How could he have already had pretrials with a client who didn't understand?
This is an awful case. Agg Sex Asslt of 4 year old . Defendant had AIDS at the time. I have DNA evidence.How long can a person with AIDS survive? I can't let this guy out alive because he'll just do it again.When this finally gets tried I don't want it reversed because the Judges are intent on Moving their cases.

It's hard to believe that the defense will not make a motion for a contiuance. If he has been incompetent for most of this time it seems like they would need some time to prep for a trial like this. Of course, if you need time you can ask for a continuance, which would have the effect of giving them more time and making it harder for them to complain at a later date.

If the defense moves for a continuance and the judge overrules I don't know if there is much you can do. If the defense does not make a motion, would it be proper for you to make an "expression of concern" to the judge that the defense may not be adequately representing their client? The idea is not to start a name-calling contest, but simply to get the judge to ask the defense (on the record) to justify how they have been able to get ready in such a short time. If they have a good explanation, it's on the record and you are good to go.

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Originally posted by warnerbee:
How long can a person with AIDS survive?

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Ask this guy:



Actually, I think there's a difference between being HIV positive and having full-blown AIDS, but the bottom line is you shouldn't assume the disease will render your legal issues moot.