Another Thing We Need to Worry About Teaching Our Students Not to Do

Felony Conviction Reversed due to Lawyer Who Slept During Trial

Mark Fass, National Law Journal
A Brooklyn judge has thrown out a felony weapons conviction after the defendant's attorney repeatedly fell asleep at trial, allegedly read magazines while witnesses testified and provoked laughter among the jurors with his "bizarre" opening statement.

Acting Justice Vincent M. Del Giudice ruled that the attorney, Manhattan solo practitioner Michael Harrison, did not provide his client "meaningful representation" as defined by New York case law.

"It is very unusual for this court to criticize a member of the bar and I am hesitant to do so in this opinion. This is a learned profession and I appreciate and enjoy watching members of the bar perform their craft," Del Giudice wrote in People v. Irizarry, 6676-2006.

"However, during this trial, I found myself very uncomfortable whenever defendant [Edward] Trujillo's counsel addressed either a witness or the jury. It was impossible to predict what he was going to say. Based upon all of the foregoing, I conclude that this defendant did not receive the minimum level of representation that is required by law."

Although the court, as noted in a footnote, "deliberately omitted" Harrison's name from the decision, it was available through public records

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Comments

[Canada Goose Jacket]

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[Arcteryx Jackets]

Boo hoo alright, it was only three who topped themselves. Pity a few more, (particularly Mahommed Daoud) didn't take that option also.