Does Indian Status or Former Employment of Defense Counsel Constitute Prejudicial Evidence in a Criminal Trial?

Matthew L.M. Fletcher

You be the judge (here’s the federal government’s motion in U.S. v. Diaz, via Indianz).

An excerpt:

On at least one occasion, defense counsel has referenced his former employment as an Assistant United States Attorney for the District of New Mexico during oral argument before this Court. The United States asserts that defense counsel should not be permitted to make a similar argument before the jury. If he is so permitted, a jury may erroneously conclude that defense counsel is a voice of authority with respect to the appropriateness of the decisions, rules and procedures, or protocol involved in the charging decisions made by the Department of Justice.

One thought on “Does Indian Status or Former Employment of Defense Counsel Constitute Prejudicial Evidence in a Criminal Trial?”

  1. Pingback: Update on Federal Motion re: Indian Status of Defense Counsel in Criminal Trial « Turtle Talk

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