January 02, 2009

OH: ensuring effective assistance trumps hurrying the docket

Good news from John Wesley Hall, Jr.'s Law of Criminal Defense:

OH11: Brian Jones contempt case reversed

Where the public defender was appointed the day before trial and requested a continuance to prepare, it was an abuse of discretion to deny a continuance and hold defense counsel in contempt for not proceeding to trial where he would have been ineffective per se...

Previous items about the wrath of Plough here.

Update from the Record-Courier: Plough ruling overturned by appeals court. Second time Portage judge overruled in two weeks