While Kent continues to provide serious coverage of serious legal stories, I feel I must alert our readers to a story from the business world that spells the end for one of the most fabled criminal defense theories of modern times.
Some here are old enough to remember that in November 1978, former police officer and San Francisco City Council member Dan White shot and killed Mayor George Moscone and openly gay Councilman Harvey Milk. White was charged with premeditated murder, but his lawyers miraculously convinced the jury to convict him only of manslaughter. The theory that brought about this result became an instant icon, of sorts, with the defense bar, and was even noted by Justice Scalia years later in the oral argument in United States v. Gonzalez-Lopez (concerning the right to counsel).
Today, alas, the foundation of the theory passed into history. The Wall Street Journal has the woeful story.