In the new case, Melendez-Diaz v. Massachusetts, Justice Kennedy's dissent cites Canon 7-1 of the Model Code as support for his belief that criminal defense counsel has a duty of zeal. I'm a big fan of zeal (when it's properly construed). But I'm a little baffled by that cite. I notice that Justice Kennedy does use some squishy language to suggest that he's referring to his traditional belief in a duty of zeal rather than to a directly controlling authority. (It's at page 25 of his dissent.) Still, an odd cite, no?
(As a personal aside, I can't help but celebrate that a student comment authored by Carolyn Zabrycki, my former ethics student, and for whom I was a mock trial coach, was cited in the dissent. Way to go, Carolyn!)
John! It is so good to see that you are doing well. I had heard from some former Fish attorneys that you had left the firm. This blog looks fantastic. And yes, congratulations to Carolyn!
Posted by: Boaltie | June 26, 2009 at 06:09 PM
thanks, anon-Boaltie!
Posted by: john steele | June 26, 2009 at 06:30 PM