Topic Watch film My Cousin Vinny paying…

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...... In the film, of course, Vinny finds the best rest he's had since arriving in the South after spending a night in jail. In reality, however, Sutherland (the defendant)'s attorney found no such rest in prison. The result was that Sutherland's lawyer lacked sufficient rest to represent his client in court. When Sutherland was found guilty, he appealed, asserting that his right to habeas corpus had been denied because he had been unable to fully have contact to his lawyer, whose belligerence in the courtroom had landed him in jail:
In his direct appeal and again throughout post-conviction proceedings, Sutherland claimed that he was denied the assistance of counsel because the jailing of his attorney prevented the preparation of his defense. After those challenges were unsuccessful, Sutherland sought a writ of habeas corpus in federal court under 28 U.S.C. 2254. The district court denied his petition, a decision which Sutherland now appeals and we affirm. (Sutherland v. Gaetz, 2009)
Sutherland's appeal was based upon United States v. Cronic, 466 U.S. 648, 655-56 (1984), which states,
The right to the effective assistance of counsel is thus the right of the accused to require the prosecution's case to survive the crucible…

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