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Defense counsel has filed an application for writ of habeas corpus asserting that his client is entitled to relief "because Applicant was not represented by counsel at the time that the said offense was alleged to have been committed." Can ya top that? | ||
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I had a defendant file a writ of habeas corpus saying our prosecution of him was double jeopardy (already punished) and barred by collateral estoppel because a judge had already ordered him to pay his wife restitution for the loss of a computer. That computer had been seized as evidence in our case because defendant had installed some "spyware" on it so he could read his wife's e-mails. He had also tapped his wife's phones and recorded her conversations. Needless to say, they were in the middle of a bad divorce. The defense lawyer refuses to negotiate a plea and really feels good about his chances of winning on the writ. We should be having a hearing on this next month. I think it's a load of crap, but I'll send my response to his writ to anyone who is interested & will keep you posted. | |||
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Last month I responded to a petition for writ of habeas corpus which alleged, among other things, ineffective assistance of counsel. The basis for the claim was that the defendant's attorney didn't warn him that he would have to register as a sex offender. His conviction was in 1988. If he wanted a psychic attorney, he should have asked for one.... | |||
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