Originally posted by Lefty Scaevola
The question is whether they had any legal obligation to do so, or whether is was an entirely discresionary matter to do so. It is discrethionary under state law, but the defense attoney's appear to be arguing the the discretion is limited by Due Process in the federal constitution. I can not say that I am a scholar on the issue, but that arguement looks like a loser to me. Remember that courts are deciding boies, there are lost matters they have choice over, like most of their internal procedure.
The question is whether they had any legal obligation to do so, or whether is was an entirely discresionary matter to do so. It is discrethionary under state law, but the defense attoney's appear to be arguing the the discretion is limited by Due Process in the federal constitution. I can not say that I am a scholar on the issue, but that arguement looks like a loser to me. Remember that courts are deciding boies, there are lost matters they have choice over, like most of their internal procedure.
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