Attorney: Appeal 'frivolous' in notorious student rape case

[Judi Lynn]

Source: Associated Press

Attorney: Appeal 'frivolous' in notorious student rape case

Matthew Brown, Associated Press

Updated 6:26 pm, Thursday, March 17, 2016



Photo: Matthew Brown, AP

FILE - This Sept. 26, 2014 file photo former teacher Stacey Dean Rambold, listens to testimony in a courtroom in Billings, Mont., during Rambold's sentencing hearing in the rape of a 14-year-old student who later committed suicide. The attorney for Rambold serving 10 years in prison in a notorious student rape case said Thursday her client's appeal of his sentence lacks merit, an unusual move that could end the defendant's chances for a reduced term.


BILLINGS, Mont. (AP) — The attorney for a Montana teacher serving 10 years in prison in a notorious student rape case said her client's pending appeal is frivolous, an unexpected move that could end the defendant's chances for a reduced term.

Assistant Appellate Defender Eileen Larkin filed a request with the state Supreme Court to let her drop the case of Stacey Dean Rambold, a former Billings Senior High School teacher who raped a 14-year-old freshman. The girl later committed suicide.

. . .

The high court gave Rambold 30 days to respond.

"After that, generally speaking, the court will issue an order dismissing the case as totally frivolous," Supreme Court Clerk Ed Smith said.

Read more: http://www.chron.com/news/us/article/Attorney-says-appeal-frivolous-in-notorious-6902702.php

[21st Century Poet]

1. Lock him up and throw away the key.

What a brass neck some people have. Hasn't he caused more than enough pain to more than enough people already? He's lucky he didn't get a longer sentence. Why appeal the sentence instead of serving it, keeping a low profile and showing society that he is really sorry for what he did? Some people really have no shame. Disgusting.

[Hoppy]

2. The guy is a piece of shit but, unless I'm missing something, isn't his attorney also a piece of

shit? If she didn't want to defend him, withdraw and find someone else.

I believe she should lose her license.

[csziggy]

3. She is a public defender and was probably assigned the case

I doubt it was her choice to defend him in the first place.

[Hoppy]

4. Then she should have asked off. He is Constitutionally entitled to a defense.

[Cal Carpenter]

5. This part of the article addresses that:

Larkin submitted a brief Wednesday in which she said it was her duty to inform the high court that there were "no non-frivolous issues" in Rambold's appeal. She cited a 1967 U.S. Supreme Court case, Anders versus California, in which justices said in a 6-3 ruling that lawyers don't have to argue a client's defense when they have no grounds to do so.

(posted without comment - not sure I have a confident opinion about it, and even if I did, not sure I could articulate it atm)

[Hoppy]

7. There is a difference between not arguing a defense and sandbagging it.

[csziggy]

6. At this point he is convicted and serving his term

She is NOT the one who filed the appeal - he did that for himself. But as his attorney of record she has to be in court for his behalf. Obviously she is not doing representing him when he uses specious reasoning to file an appeal. Possibly what has happened is that he wanted to appeal, she told him there were no grounds, so he is attempting to make up his own claims.

[Hoppy]

8. So he files a Pro Se appeal. Her responsibiliity then is to do nothing.

[csziggy]

9. Review the first two sentences in the article

"The attorney for a Montana teacher serving 10 years in prison in a notorious student rape case said her client's pending appeal is frivolous, an unexpected move that could end the defendant's chances for a reduced term.

Assistant Appellate Defender Eileen Larkin filed a request with the state Supreme Court to let her drop the case of Stacey Dean Rambold..."

What she has done is tell the court that his appeal is frivolous and she has asked to be removed from the case. If the judge will not let her off the case she is stuck.

I could not find older articles that mentioned her in connection with this case. She may have ended up with it after his conviction and sentencing. This could be the first - and possibly the last - time she has been in court for him.

[Hoppy]

11. Thanks for the clarification.

[reddread]

10. Better call Hillary