The Legal Conservative

Selective Empathy – Opinionator Blog – NYTimes.com.

Greenhouse has some interesting thoughts about a very unusual per curiam opinion that was issued by the U. S. Supreme Court in a Florida ineffective assistance of counsel  capital case, Porter, this week.  Basically, the court said that failure to present evidence at the sentencing portion of the trial about his military service during the Korean War, even though he had twice been AWOL during the War as well, was ineffective assistance of counsel – creating almost a per se rule  of ineffectiveness in case where someone has military services, and doing this in a case in which they never even entertained full briefing or oral argument.

One Response to “Selective Empathy – Opinionator Blog – NYTimes.com”

1. Selective Empathy – Opinionator Blog – NYTimes.com « The Legal … | Empath Intelligence Blog says:

   December 4, 2009 at 11:01 am

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