Tuesday, September 12, 2006

Public Defender’s Office were leaking information

Plumlee v. Sue Del Papa, 426 F.3d 1095 (9th Cir. 2005)(state supreme court unreasonably applied clearly established federal law when it determined petitioner was not deprived of his Sixth Amendmentright to counsel).(Plumlee had reasonable and in good faith believed that members of the Washoe County Public Defender’s Office were leaking information about his case to another suspect in the case and to the District Attorney). Of course, under the majority’s decision, the Nevada courts may retry Plumlee and seek a new conviction. Yet after thirteen years, memories fade, evidence grows cold, and witnesses disappear. The majority releases Plumlee—thirteen years into his two life sentences without possibility of parole —by refusing to follow congressional command and by fashioning a new, unworkable rule which raises to constitutional dimensions a defendant’s unfounded suspicions and refusal to cooperate with his appointed attorneys. I cannot agree with such an unsupported decision. Accordingly, with respect to my colleagues, but with the utmost regret for their misguided opinion, I dissent. BEA, Circuit Judge, dissenting

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