Wednesday, January 20, 2010

Right to Counsel

Following up on yesterday's post on Presley v. Ga., the Tennessean is reporting on that State's high court decision upholding the right to counsel even when the defendant is a shit head.  Tommy Holmes a Memphis area convicted rapist was deprived of counsel at trial because his lawyer "felt threatened," and the trial court let him.  Amazingly, the court of appeals that looked at this case upheld the trial court decision to throw this guy to the wolves without counsel.

Now look, there is nothing in the Sixth Amendment that says right to the Assistance of Counsel, unless the defendant is an asshole.  While you can envision, steps to insure the safety of counsel--aren't the criminally accused in this country presumed innocent?  Why would any court think it is constitutionally permissiable to deprive a criminal suspect of their constitutional rights?  And by the way, no documented threats on the record supported the trial decision to deprive this man of his rights, so folks we are back to the very thing I point out again and again,, tough Judges depriving people of their rights cost the taxpayers, time, money, oh and their safety.

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