In this brief article, I am going to focus quickly upon some fundamentals as may appertain to the issue of raising the issue of competency in criminal matters, interweaving special problems, or choke points in the process, of which there are a finite number, but at least ten.
Michael Morton is probably the most well-known example, at least in Texas, of an innocent person spending decades in prison for a crime he did not commit. As we all know, in that case, there was a significant amount of prosecutorial misconduct—i.e., hiding favorable evidence—that led to the wrongful conviction.
The first felony jury trial I participated in was what was then called a robbery by assault with a firearm. I had been licensed to practice for almost exactly one year, and had gone to Judge Archie Brown, one of two felony judges in the county at that time, and asked to be appointed to some cases that were going to trial to gain experience.
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- Said & Done