{"id":1836,"date":"2017-10-28T15:19:37","date_gmt":"2017-10-28T20:19:37","guid":{"rendered":"http:\/\/lisa.rushworth.us\/?p=1836"},"modified":"2017-10-31T15:45:48","modified_gmt":"2017-10-31T20:45:48","slug":"a-lawyer-dog-and-a-red-herring","status":"publish","type":"post","link":"https:\/\/www.rushworth.us\/lisa\/?p=1836","title":{"rendered":"A Lawyer Dog And A Red Herring"},"content":{"rendered":"

The Louisiana Supreme Court’s recent decision about a suspect who asked for a lawyer, dawg is laughable. I wouldn’t try to convince anyone that a reasonable police officer in the situation would think the fellow was asking for a canine of any sort – that’s patently absurd, regardless of Crichton’s Writ of Centiorari<\/a>.<\/p>\n

Ironically, resting on the phrase ‘lawyer dog\/dawg’ may allow appeal. The appellate court would observe evidence determining if the findings of fact are erroneous – and these\u00a0facts<\/em> are\u00a0clearly<\/em> erroneous. There are probably hundreds of hours of American Idol video where a judge is\u00a0clearly<\/em> talking to a contestant and not a dog.\u00a0The suspect’s entire statement — “if y\u2019all, this is how I feel, if y\u2019all think I did it, I know that I didn\u2019t do it so why don\u2019t you just give me a lawyer dog cause this is not what\u2019s up.” (yes, the court transcript misrepresented the slang term dawg as dog and spawned the whole foray into canine litigators) — might reasonably be considered equivocal. A request like “maybe I should talk to a lawyer”, per\u00a0Davis v. United States<\/a>, did not count as invoking right to council. The request in this case, correcting the transcription error, was “I know that I didn’t do it, so why don’t you just give me a lawyer, dawg, ’cause this is not what’s up”. It’s not quite as easily construed as a procedural question (e.g.\u00a0“Ain’t there supposed to be a lawyer in here or something with y’all?” in\u00a0Nebraska V Relford (2000) … but it’s not\u00a0<\/em>“I want to speak with a lawyer” either. Maybe the SC will agree to hear the appeal and we can debate the proper questionable phrase in his request.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Louisiana Supreme Court’s recent decision about a suspect who asked for a lawyer, dawg is laughable. I wouldn’t try to convince anyone that a reasonable police officer in the situation would think the fellow was asking for a canine of any sort – that’s patently absurd, regardless of Crichton’s Writ of Centiorari. Ironically, resting …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[420,422,419,421],"class_list":["post-1836","post","type-post","status-publish","format-standard","hentry","category-miscellaneous","tag-fifth-amendment","tag-lawyer-dog","tag-right-to-council","tag-sixth-amendment"],"_links":{"self":[{"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/posts\/1836","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1836"}],"version-history":[{"count":1,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/posts\/1836\/revisions"}],"predecessor-version":[{"id":1837,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/posts\/1836\/revisions\/1837"}],"wp:attachment":[{"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1836"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1836"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1836"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}