Thanks
THE STATE OF TEXAS § IN THE DISTRICT COURT § § VS. § JUDICIAL DISTRICT NO. 54 § § THOMAS PAUL LANDERS § MCLENNAN COUNTY, TEXAS
DEFENDANTS MOTION TO QUASH THE INDICTMENT FOR PROSECUTORIAL MISCONDUCT
At the bottom, from the defense attorney herself;
an entirely different, and much older composition being same title;
Peggy Lee & Benny Goodman How Long Has This Been Going On? (1941)
which vocal style, seems to me may have been inspired by the
Lee Wiley and Fats Waller version (1939)
and according to
http://greatamericansongbook.net/pages/songs/h/how_long_has_this_been%20going_on.html
it's been covered by many, from Ella Fitzgerald to Audrey Hepburn, Judy Garland, Twiggy, Van Morrison, Boz Scaggs, Sarah Vaughan, Van Morrison, Boz Scaggs, to reprise by Ray Charles w/ Count Basie Orchestra.
So from at least as far back as 1927, to answer the question in another way. To continue thinking about this in another "other" way, that's why there are codifications of law, accompanied by case law precedent that places certain demands, and limits too, upon both prosecution and defense council.
Give 'em an inch, and they'll haul in whatever they can, hand over fist. But then again, I state the obvious...