February 13, 2009, 16:20
JBWhat to do?
So, you are in trial and things are going well. Maybe too well in the defendant's eyes. He then punches his lawyer in the face. Everything comes to a stop. You get security video of the punch, getting ready to use it at punishment. Then, the defendant says he wants a mistrial, arguing that his attorney has a conflict of interest and can no longer represent him. What to do?
One answer is
here.February 16, 2009, 08:07
Andrea WI love that the defendant tried to get a restraining order against the lawyer, THEN decided to punch him in the face. Maybe he anticipated that his hitting the lawyer would come back to hurt him?
I'm also amused that the defense attorney objected to the admission of the assault as an extraneous because he hadn't gotten prior notice of it. Now that would be an amusing pre-trial hearing. "Your Honor, we'd just like to give notice that if at any point in the trial the defendant decides to punch his lawyer -- not to give him any ideas, of course -- then we're going to use that as an extraneous offense."
February 16, 2009, 09:34
GGThat defense attorney did make some valid objections to the admission of the evidence, and the fact he took his client's interest over his was great for affirming. You've always gotta like it when a defense attorney is sitting second to the State.
February 16, 2009, 10:45
e sainzAndrea W. you should send SNL a manuscript!
February 16, 2009, 13:03
JBCould the state use the defendant to "re-enact" the event? Should defense attorneys be required to wear helmets?
February 17, 2009, 11:11
WHMWe had this same thing happen once. Defendant wants his case dismissed to avoid trial. Defense attorney files a frivolous speedy trial motion under the unconstitutional statute because his client has seen someone else file one. When the judge denies it, defendant punches lawyer in the face, breaking his glasses in half. He stands up, brushes off, and the judge asks if he wants to proceed. "Defense is ready, your honor," says he.