Actually, the DA argued: “My job is to show the truth. On the other hand, the defense attorneys’ jobs are to manipulate the truth. Their job is to shroud the truth. Their job is [to] confuse jurors. Their job is to do whatever they have to—without regard for the truth—to get a not guilty verdict.” The South Carolina Supreme Court had the good sense to overturn this defendant’s conviction for order and order a new trial. Click here. Have you ever observed a DA cross the line in closing arguments? Post a comment and let us know.
On Point
by the Wisconsin State Public Defender
Important Posts!
- COA reverses order excluding other acts evidence, holds that greater latitude rule weakens holding of Alsteen
- In HUGE defense win, COA emphasizes that obtaining an involuntary med order is no walk in the park for the State
- SCOTUS tempers pro-gun 2nd Amendment precedent; holds States may disarm a citizen who poses “a clear threat of physical violence to another”
- COA holds, in unpublished but citable decision, that the preponderance of the evidence standard applies at a TPR dispositional hearing
- D3 affirms denial of plea withdrawal claim under Cross’ “higher, but not substantially higher” rule
Ahead in SCOW
October 7
Petitions Conference
November 11
Oral argument in Kaul v. Urmanski
November 12
Petitions conference
December 10
Petitions conference
Contact Us
On Point is sponsored by the Wisconsin State Public Defender. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
Disclaimer
On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.
This site rocks the Classic Responsive Skin for Thesis.
Wisconsin prosecutors have used a similar argument, both in the case law and in my own experience: “defense counsel’s job is to get his client off the hook. That’s his only job here, not to see justice is done but to see that his client is acquitted.”
In the most entertaining personal attack that I’ve read, “one prosecutor in an incest case suggested that defense counsel was also guilty of incest.”
Learn these arguments ahead of time and preempt them (or at least prepare for them): https://img1.wsimg.com/blobby/go/f955aadf-0011-4845-8db8-2b9972b1d361/downloads/oklahoma1.pdf?ver=1572151367939
I had a DA once start his rebuttal by referring to me as his “fancy college-educated opponent” . . .
The DA didn’t wait for closing to attempt to poison the jurors mind; in opening, he told a jury that he represented “you,” the jurors.