This bizarre pleading appears to be a completely honest one caused by bad timing. As I read it, the defendant was convicted under the state’s Taser law before SCOTUS ruled such laws unconstitutional in Caetano. Now, at appeal time, the state must accommodate this new fact, and must capitulate to it in their appeal plea.
This bizarre pleading appears to be a completely honest one caused by bad timing. As I read it, the defendant was convicted under the state’s Taser law before SCOTUS ruled such laws unconstitutional in Caetano. Now, at appeal time, the state must accommodate this new fact, and must capitulate to it in their appeal plea.
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