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Sotomayor to Maryland's Attorney General on the questioning of criminal suspects

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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 04:56 AM
Original message
Sotomayor to Maryland's Attorney General on the questioning of criminal suspects
Edited on Sat Oct-10-09 04:57 AM by usregimechange
In the first argument on Monday, in a case about when questioning may resume after a criminal suspect asks for a lawyer, she fired nine questions in a row at Attorney General Douglas F. Gansler of Maryland. The questions methodically cut Mr. Gansler’s argument down to its essence.

“He said, ‘I don’t want to talk to you without a lawyer,’ correct?” Justice Sotomayor said of the suspect.

Mr. Gansler said yes.

“And the state doesn’t provide him with a lawyer, correct?” Justice Sotomayor went on.

“That’s correct,” Mr. Gansler said.

“All right,” Justice Sotomayor said, having cleared away the factual underbrush. “So what gives him an understanding that one will be provided the next time he’s questioned?”

Mr. Gansler did not respond directly, and Justice Sotomayor had made her point: the defendant should not be made to ask for a lawyer a second time when his first effort had yielded nothing.

http://www.nytimes.com/2009/10/10/us/10scotus.html?_r=1

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Suji to Seoul Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 05:27 AM
Response to Original message
1. Game, set, match! Finally, a true Strict Constructionist on the SCOTUS,
not a conservative judicial activist like that asshat Scalia!
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 08:24 AM
Response to Original message
2. OK Sonia!. .
We definately want MORE of this!
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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 09:18 AM
Response to Reply #2
3. I wouldn't want to argue in front of her
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 10:46 AM
Response to Reply #3
8. Funny thing....
...unless I was an RW bigot asshole out to destroy the US Const, I would LOVE to argue a case before her!

:loveya:
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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 09:22 AM
Response to Original message
4. Here is a link to the entire orals that day
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 10:02 AM
Response to Reply #4
6. Thanks for link to transcript, usregime!
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Catshrink Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 09:49 AM
Response to Original message
5. She's actually been a judge in a courtroom
and it shows. Sure makes a difference, doesn't it? Theory vs. practice.
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-10-09 10:10 AM
Response to Reply #5
7. Been a prosecutor, too, so she knows about following the rules.
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