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"Mr. Grandeau has been a difficult client," said Darren Dopp, Mr. Spitzer's chief spokesman, "but we have an obligation to do our best to defend him and the other state defendants".
And in the 1960s, habeas helped ensure that state defendants received the benefit of new and often unpopular federal constitutional rights, including Miranda warnings and the right to appointed counsel.
By extending the privilege against self-incrimination to state defendants, Malloy laid the groundwork for one of the most controversial Supreme Court decisions of the 20th century: Miranda v. Arizona (1966).
"In attempting to define this case as a challenge to 'the will of the people,' state defendants lost sight of what this case is truly about: people," the judge said.
Although the question is a narrow one, it has both practical and doctrinal implications, affecting as many as 30 inmates on Pennsylvania's death row and also requiring guidance from the justices on how federal courts are to apply Supreme Court rulings that expand state defendants' rights.
State defendants lost sight of what this case is truly about: people.
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"I'm not aware of any other case in which a federal court has entered a prison release of this magnitude over the objection of a state defendant".
If Mr. Feguer had been sentenced to death as a state defendant, Mr. White said, it is likely the governor would have commuted his sentence.
The filing papers state, "Defendant makes the claim that Roundup®, the world's most popular weedkiller, works by targeting an enzyme supposedly found only in plants, but not in people.
A recent state-by-state survey conducted by NPR showed that in at least forty-three states defendants can be billed for their own public defender, a service to which they have a Constitutional right; in at least forty-one states, inmates can be charged for room and board in jail and prison.
(The case had been filed in Miller County, Ark., where courts, according to business groups, are notorious for coercing large settlements from out-of-state defendants).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com