tag:blogger.com,1999:blog-35579105.post4942278514194593504..comments2023-11-01T17:41:30.610-05:00Comments on The Prairie Chicken: Anthonys Tell TV Show They Stand By CaseyJanethttp://www.blogger.com/profile/13668009846343571069noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-35579105.post-73450055261571567512009-04-26T17:32:00.000-05:002009-04-26T17:32:00.000-05:00Elfninosmom:
you know a lot about law. very impre...Elfninosmom:<br />you know a lot about law. very impressive. the only thing i would disagree with is the next to last statement, a lawyer doesn't have to believe his client, just work to give his client every benefit of the law.Janethttps://www.blogger.com/profile/13668009846343571069noreply@blogger.comtag:blogger.com,1999:blog-35579105.post-50265565532918781732009-04-26T16:06:00.000-05:002009-04-26T16:06:00.000-05:00I am stunned that any attorney would think he need...I am stunned that any attorney would think he needed the judge's permission to serve a subpoena. All Baez had to do was prepare it, get the clerk to stamp it, then have it served. That's so simple that even a legal secretary would know the procedure. <br /><br />At that point - and not before - Baez could move the court to enter an order filing the subpoenas under seal. However, it is unlikely a court would grant that motion, since he seems to have no valid cause for why it should be sealed. Simply wanting to hide what he is doing is not cause to seal those documents. Either way, that particular type of request is not proper for an ex parte hearing. <br /><br />Other than that, the judge wouldn't even get involved in a subpoena, unless there were a challenge to the contents or unless there was failure to comply.<br /><br />I find his lack of knowledge regarding even very basic legal procedure to be extremely disturbing. Casey simply cannot get a fair trial if her attorney is that incompetent. However, the fact remains that Casey has the right to hire any attorney she wants, including an incompetent attorney, as long as she is aware that he is incompetent. <br /><br />The judge therefore needs to hold an in camera hearing, in which it is explained to Casey that if she continues using an attorney as inexperienced as Baez, she does so at her own peril; and reminding her that the court will appoint an experienced attorney to represent her if she so desires. <br /><br />At that point the ball is in her court. She would still likely stick with Baez, since he's one of the few attorneys dumb enough to believe her ridiculous story. Nevertheless, with that waiver on the record, proving she knew Baez was incompetent, she cannot later prevail on an appellate claim of ineffective assistance of counsel.ElfNinosMomhttp://elfninosmom.comnoreply@blogger.com