Wednesday, September 26, 2012
Court grants appeals from 2 people without lawyers.
If Mr. Levin returns my email with a quotable comment, I'll update.
Did Tyler McNeely's lawyer commit malpractice? Convicted of his 3rd DUI on the basis of an unwilling blood test with no warrant, his conviction was tossed by the Missouri Supreme Court.
But now the USSCt will review the case, and he could lose. I've only seen press reports, which are unreliable, I haven't read the decision. If McNeely's lawyer didn't raise arguments under the Missouri constitution, he might have thrown his case away. If he had won under the state constitution as well, the USSCt would not have been able to take the case.
If Mr. Levin returns my email with a quotable comment, I'll update.
Did Tyler McNeely's lawyer commit malpractice? Convicted of his 3rd DUI on the basis of an unwilling blood test with no warrant, his conviction was tossed by the Missouri Supreme Court.
But now the USSCt will review the case, and he could lose. I've only seen press reports, which are unreliable, I haven't read the decision. If McNeely's lawyer didn't raise arguments under the Missouri constitution, he might have thrown his case away. If he had won under the state constitution as well, the USSCt would not have been able to take the case.
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