Wednesday, August 11, 2010

Standard of review

Some days, reading through criminal case law, it seems clear that there is really only one standard, one guiding principle behind every appellate court decision:  apply the rules in whatever way will screw the defendant.


Anonymous said...

Many (dare I say most) Supreme Court cases involving criminal defendants these days seem to create rules to do exactly what you describe. (ie., 14 day rule for Miranda, etc.)

S said...

And, of course, if you want to now invoke your right to remain silent, you have to speak up!

But, I will say, I just found a little nugget in a case that actually helps me. So I'm feeling all warm and fuzzy now.

Anonymous said...

I see you've been reading Oklahoma cases lately.

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