31 July 2011

Different Rules for different people

Did your attorney fall asleep during your criminal trial?  Tough shit.

He raised several points of error, including a claim that his Sixth Amendment
right to counsel was violated because he received ineffective assistance of counsel when
his attorney fell asleep while Muniz was being cross-examined by the government.
Id.
at *4-5. The court rejected all of Muniz’s claims of error and affirmed the judgment.
Id.
at *5. It also declined to remand his ineffective assistance claim for an evidentiary
hearing, holding Muniz “ha[d] not established that an evidentiary hearing to substantiate
his position [was] warranted.”
Michigan Supreme Court.
Id. Muniz subsequently was denied leave to appeal by thePeople v. Muniz, 726 N.W.2d 18 (Mich. 2007).

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