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Whoops, I didn't mean to send that e-mail yet. I can't think of any
cases in which there has been a successful petition for extraordinary relief on
UCI grounds -- that's an issue that is normally addressed during the ordinary
course of appeals, as it was in Douglas. But in Douglas, there was quite a
discussion of waiver. Seeking a writ now could help during the course of
appeals in case of a conviction to demonstrate that the issue was important to
the defense and that the defense did everything possible to address it.
So seeking a writ now would be unlikely to succeed but may be helpful
later. Whether that justifies the effort to prepare one is a cost-benefit
analysis for the trial defense team.
Hope that helps!
Semper Fi,
Dwight
In a message dated 11/17/2010 11:26:19 P.M. Eastern Standard Time,
haytham@puckettfaraj.com writes:
Is an interlocutory appeal appropriate when UCI results in a loss of a witness who expresses fear about testifying in a motion, is assured by the MJ that he will not be retaliated against, is then fired after testifying, and retains counsel to sue for retaliatory termination among the loss of several other witnesses. All the witnesses provide alibi defenses for the accused. |