Quick Quote: Penn Law professor and his students took procedural question to SCOTUS and won -- via @phillyinquirer [Law]
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"When you are charged with a crime, your lawyer needs to tell you the full picture," said Bibas, a former assistant U.S. attorney in Manhattan who teaches criminal procedure at Penn, and who lives with his wife and two children in Fairmount. "You would never hire a business lawyer to advise you on a contract for a company if the lawyer was not also able to say that this might get you in trouble with antitrust authorities or you will be liable for violating someone's patent."
This is a pretty cool story. Keep in mind that the point isn't that the guy wasn't a criminal -- it seems clear that he was -- but that he was misled by incompetent counsel on the likely ooutcome of a guilty plea.
He may have had other options, like, off the top of my head, a bargain in which he could have revealed the source of the 1,000 pounds of marijuana in exchange for a guarantee that he wouldn't face deportation.
Of course, I haven't had criminal procedure yet, so what the hell do I know?
Source: Philadelphia Inquirer; University of Pennsylvania Law School Supreme Court Clinic


