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Defense Bar v. Cuddly Dog


From time to time, I have offered gentle reminders to our friends in the defense bar about what I view as missteps in defense work.  But this time, they've gone too far.

Yes, I know they have a half-way plausible argument to make  --  indeed, more plausible than a lot of stuff you hear from criminal defense  --  but this case reminded me once more why I was happy to take a scruffy salary as a prosecutor instead of going for the big bucks trying to make somebody's "dream team." 


I had read this story earlier, and it is truly beyond the pale. There is absolutely no way on earth, no matter how much someone was willing to pay me, that I would be able to make this argument with a straight face.


When I first got wind of the story, I thought, "Gads, if I'm a defense lawyer, I might view this one as unwinnable."

Then I got a copy of the story, saw the picture of the dog, and figured that "unwinnable" was not strong enough.

There are judges who would buy the argument.

True, but Stephen Reinhardt, Gilbert Merritt and Rosemary Barkett are, for the moment, few and far between in the judiciary.

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