OA175: Defending a Client In the Shadow of the Death Penalty (& So Much More!)

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.3 • 3.7K Ratings

🗓️ 22 May 2018

⏱️ 69 minutes

🔗️ Recording | iTunes | RSS

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Summary

Today's episode takes a deep dive into two important Supreme Court opinions decided last week: McCoy v. Louisiana, which prohibits attorneys from conceding their client's guilt over that client's objections in a capital murder trial, and Murphy v. NCAA, which struck down the Professional and Amateur Sports Protection Act (PASPA), 28 U.S. Code § 3701 et seq. In both cases, we hope to show that these cases have two legitimate sides. We begin, of course, with sportsball. What is PASPA, why did the Court strike it down, does it make sense, and most importantly: when can you bet against the San Jose Sharks? In the main segment, we break down the difficult questions surrounding the representation of capital murder defendants. After that, we head back overseas with a really insightful listener comment that takes us deeper into the law of treaties. Finally, we end with the answer to Thomas Takes the Bar Exam Question #76 about present recollection refreshed. Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None! If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links

The first case we break down is Murphy v. NCAA, which struck down the Professional and Amateur Sports Protection Act, 28 U.S. Code § 3701 et seq.
After that, we turn to McCoy v. Louisiana, which prohibits attorneys from conceding their client's guilt over that client's objections in a capital murder trial, distinguishing the Court's earlier decision in Florida v. Nixon, 543 U.S. 175 (2004).
We discussed treaty obligations in Episode 173.

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Transcript

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0:00.0	Today's episode is brought to you by Harry's Razors. They are an incredible shave, high quality for an affordable price.
0:11.2	Your honor, I object!
0:13.0	And why is that, Mr. Reed?
0:14.7	Because it's devastating to my case!
0:17.7	I did you know, the murders, but as you're all so lucky for, at least I thought I'd be not guilty!
0:38.7	They say a man who represents himself has a fool for a client.
0:42.7	Well with God as my witness, I am that fool!
0:52.7	Mr. Simpson, this is the most blatant case of fraudulent advertising since my suit against the film the never-ending store.
1:02.7	Welcome to Opening Arguments, the podcast that pairs an inquisitive interviewer with the real-life lawyer.
1:07.2	This podcast is sponsored by the Law Offices of P. Andrew Torres, LLC for Entertainment purposes, is not intended as legal advice and does not form an attorney-client relationship.
1:16.2	Don't take legal advice from a podcast.
1:25.2	Hello and welcome to Opening Arguments, this is episode 175, I'm your host Thomas Smith. That over there is your belted lawyer, Andrew Torres.
1:33.2	How you doing, Andrew?
1:35.2	I am always happy when we bring back an oldie but a goodie that a bona fide belted lawyer.
1:43.2	And B, I'm also happy, we haven't done a numerology bit in a while, but 175, right?
1:49.2	How can you not be happy about that?
1:51.2	The most significant thing about 175 is that means next episode we've got new intro quotes.
1:56.2	That's awesome.
1:57.2	I'm a forward to that.
1:58.2	So make sure you are on patreon.com slash law giving suggestions and nominating your favorites.
2:05.2	Yeah, it's a lot of fun.
2:06.2	All right, well let's get to the episode we are going to talk sports ball but not really it's also law.
	...

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