As a Contra Costa County jury watched, an Oakland man accused of killing his ex-girlfriend attacks his lawyer with a pen and tries to attack a prosecutor.
"His defense attorney, Matt Fregi, said he harbored “no ill will toward” his client, who had already cycled through several attorneys before him.
“Nothing serious,” he said of his injuries. “Everyone thought it was a lot more serious than what it was.”"
If the lawyer does a very good job, then the defendant has no path to later appeal his case. Many defense attorneys aren't there to get their clients out of trouble, especially in high profile cases, they exist to make sure that the law is applied fairly.
IANAL, but: It circles back to the right to fair representation.
Say he's convicted, but at a later court, claims "After my totally involuntary psychotic episode, now verified by multiple behavioral psychologists, my lawyer held my unintentional actions against me and did a demonstrably poor job in the remainder of the case. I deserve the right to a fair trial."
That COULD be enough to get the case declared a mistrial and re-scheduled.
But there's also a billion reasons you can make an appeal. Most of which have nothing to do with that. Also, being able to make an appeal is a low bar. Most criminal convictions can be appealed...the chance of that appeal overturning the conviction remains low.
There could be issues with witnesses or evidence that wasn't handled properly. The attorney could point out all of those flaws in order to best defend their client. That of course would leave the defendant with nothing to try to apply with. A less thorough attorney might not find those issues.
Many defense attorneys aren't there to get their clients out of trouble, especially in high profile cases, they exist to make sure that the law is applied fairly.
Do stand by what you said about defense attorneys not "there to get their clients out of trouble?"
Yes, they are there to present eveey possible defense to the alligatons even if the client is clearly guilty. Reasons for appeal could include improper handling of evidence, interviewing witnesses improperly, or jury issues. If the attorney catches those and brings them up at trial, then they can't be used during an appeal in order to get the client of on a technically.
You're really arguing that a defense attorney's job isn't to get their client out of trouble (or in other words, defend them)? Do you realize how ridiculous that is?