tag:blogger.com,1999:blog-34853720.post8482706352413246260..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Published ACCA decisionDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-34853720.post-1637865948381902862009-05-09T12:33:00.000-04:002009-05-09T12:33:00.000-04:00People, this was not a Grostefon issue, this was a...People, this was not a Grostefon issue, this was an issue defense appellate counsel raised. Sounds more like a problem that the defense appellate counsel didn't take the time to read the record of trial. I'm sure if counsel had read the record, the issue wouldn't have been raised at all. Very dangerous to rely solely on what your client tells you, especially when there is objective stuff that contradicts what your client tells you. I think this is a published opinion to get that point across--do some investigation into your client's claims before you raise an issue!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-11567190082536977902009-05-08T15:11:00.000-04:002009-05-08T15:11:00.000-04:00I don't think the biggest problem with Grostefon i...I don't think the biggest problem with Grostefon is the waste of time (there have been Grostefon issues on which the defense has prevailed).<br /><br />Instead, I've always believed Grostefon actually violates the accused's right to effective assistance of counsel. You're either represented or not: don't go filing something that will undermine, if not outright conflict, with what I've filed on your behalf. And CAAF shouldn't entertain any ex parte communications ("pleadings" included) from a represented appellant without the express consent of his counsel.<br /><br />If I recall correctly, wasn't there even a capital case where CAAF ordered affidavits from trial defense counsel based on a Grostefon issue, until appellate counsel were able to convice the appellant to withdraw it?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-22390965202041659632009-05-07T17:38:00.000-04:002009-05-07T17:38:00.000-04:00If you think Grostefon submissions are bad you sho...If you think Grostefon submissions are bad you should see how most attorneys write...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-75504266912872533122009-05-07T17:19:00.000-04:002009-05-07T17:19:00.000-04:00Generally speaking, what complete waste of taxpaye...Generally speaking, what complete waste of taxpayer money - Grostefon needs to be reversed. But, on the other hand, if your like the federal government and don't have to balance your budget: What the heck! It's just chump change.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-75614337696112567772009-05-07T17:09:00.000-04:002009-05-07T17:09:00.000-04:00Chris, there must be some British blood in your ve...Chris, there must be some British blood in your veins, and all mine must have evaporated not to have recognized the humor.<br />I too have heard Don Plude expound similarly and I think your paraphrase isn't too far off the mark.Phil Cavehttps://www.blogger.com/profile/14474250926717405497noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-56647016493828280962009-05-07T14:50:00.000-04:002009-05-07T14:50:00.000-04:00Amen.Amen.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-35927978817763294672009-05-07T13:39:00.000-04:002009-05-07T13:39:00.000-04:00I agree that the appellant was almost certainly th...I agree that the appellant was almost certainly the source of the information in the unsigned affidavit. It's not uncommon in my experience for someone to tell a lawyer a story, and then get cold feet about telling the same story under oath. I expect that's what happened here, and didn't mean to imply otherwise; when I said the appellant should be commended for his integrity, my tongue was firmly in cheek.<br /><br />Air Force trial judge Don Plude had a saying (which I'm forced to paraphrase, as I don't recall it verbatim) that went something like this: "To lie to your parents is bad. To lie to your clergyman is a sin. To lie to your lawyer is insane."Christopher Mathewshttps://www.blogger.com/profile/01613318712384842689noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-32304123262012156302009-05-07T12:07:00.000-04:002009-05-07T12:07:00.000-04:00JMTGst, as Phil Cave suggests, Gunderman's appella...JMTGst, as Phil Cave suggests, Gunderman's appellate defense counsel almost certainly raised the issue because Gunderman told him that his trial defense counsel didn't properly advise him. While it's good that Gunderman didn't sign a false affidavit, the issue wouldn't even have arisen if Gunderman hadn't represented to his appellate counsel that the contents of the affidavit were true.Dwight Sullivanhttps://www.blogger.com/profile/11657981110237418710noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-87400581230277070532009-05-07T10:47:00.000-04:002009-05-07T10:47:00.000-04:00Huuuum, client lying to his lawyer -- in the begin...Huuuum, client lying to his lawyer -- in the beginning.<br />Or did he drop out of sight as some often do and can't be tracked down.Phil Cavehttps://www.blogger.com/profile/14474250926717405497noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-40215279578320735532009-05-07T09:01:00.000-04:002009-05-07T09:01:00.000-04:00There's always the possibility that the client ref...There's always the possibility that the client refused to sign the affidavit because the assertions contained therein were <I>false</I> ... in which case, the client should be commended for his integrity.Christopher Mathewshttps://www.blogger.com/profile/01613318712384842689noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-85851839219843420162009-05-07T06:52:00.000-04:002009-05-07T06:52:00.000-04:00No matter how good the attorneys- some clients jus...No matter how good the attorneys- some clients just will not cooperate.<br />sigh.Anonymousnoreply@blogger.com