Posted on 10/24/2017 7:49:38 AM PDT by Blue House Sue
That is going some. Matlock was the worst of the lawyer TV Series.
I suspect the lawyer was murdered by poison by the accused.
Pee Break?
Very funny!
I agree he looks guilty but I’ll be surprised if next attorney will not ask for retrial due to this
Which would mean he’ll shoot for a deal to escape death penalty
Ain’t saying I like it
Course prosecution could say nope we want death
Does defense attorney sudden death during closers necessitate retrial?
I’m assuming there is precedence out there
Probably will get a new trial, as they could argue that she was under extreme stress due to health problems and not capable of providing her best defense..................
She was just dying to win this trial?
The attorney’s last words were, “if he’s lying I’m dying.”
The defendant was represented by counsel at all times. Upon Ms. Darby’s collapse, the judge excused the jury for the day. Two new attorneys were appointed to represent him before proceedings continued the following day.
If he wanted another closing argument, he would have gotten one. After consultation with his new attorneys, it would appear that he elected to forego that.
I have no problem with the judge sending the case to the jury. That being said, I have little doubt that the defendant will file a Rule 32 motion for relief based on ineffective assistance of counsel. He will argue that since she stroked out during closing, she was not at the top of her game during trial. What the Alabama Court of Criminal Appeals does with that is anyone’s guess. Attorneys’ don’t exactly keel over dead in the middle of a closing very often, so it’s not like it’s settled law.
It should be noted that the Alabama Rules of Criminal Procedure do not state that closing arguments are required, only that they MAY be given.
In the end, I believe the appeals court will find that even if the Judge’s call to proceed with the trial was in error, that it was a “harmless error” that would not have affected the outcome of the trial.
As far as whether he was receiving effective assistance before his attorney died, the Court of Appeals will look at the record from the trial. Either she made critical errors in representation or not. The standard for ineffective assistance at trial isn’t as high as it once was, but it’s still pretty high.
The news article in the link didn’t have the additional information you mentioned about two attorneys called in, and whether the defendant was given the opportunity to consult with counsel and then waive the mistrial. The article in the link made it sound like the judge watched the medics cart the dead attorney out of the courtroom and then gave the case to the jury. With the additional facts, there is a better chance the case will not be overturned. However, it’s kind of difficult for attorneys who have been called in cold to provide effective advice on such short notice under unusual circumstances. For example, I would not know whether to ask to discharge the nurse from the jury or not.
So no, I don’t know what the Court of Appeals would do. This is pretty unusual.
Yikes. RIP.
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