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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Swartz unable to appeal for funds? | 559 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Swartz unable to appeal for funds?
Authored by: Anonymous on Wednesday, January 16 2013 @ 09:51 AM EST
Honestly, this has been a question on my mind, but I haven't
had time to dig through the documents to try to find an
answer... Hopefully someone here can shed some light on
this.

[ Reply to This | Parent | # ]

Swartz unable to appeal for funds?
Authored by: PJ on Wednesday, January 16 2013 @ 02:49 PM EST
He said it was a risk. Do you remember when the guy in FL set up such a thing, and it was a big deal to the judge?

It's just something that could be taken the wrong way. It can look to a judge like you are trying to get rich off of your "crime". There are even laws about such things. It's just risky.

What some judges would tell him would have been, if you run out of money, we'll get rid of your fabulous lawyers, Keker & Van Nest (do you remember them from Oracle v. Google?), and we will provide you with a public defender.

If you know how that would have been like, here's a blog by a public defender, a really good one, according to what I've seen, but a guy who sees the world he's in as it is. I recommend Simple Justice also, that last link, if you want to know how the criminal justice system works. Also, do read the oral transcript of the case before the US Supreme Court on that poor guy in La. facing the death penalty but unable to get to trial because the state said it ran out of money for the lawyer it also states he must have before he can do so. He's been waiting for that lawyer for as long as I've been doing Groklaw. At least. Can you imagine? He made it through the 8th grade, but you'll read Justice Scalia implying it was his fault for not complaining about his Constitutional rights earlier. Mr. Boyer's lawyer's arguments are very impressive. Imagine having to even say them out loud and then defend them in a court of law in the United States of America in 2012, though. Someone should do a movie about it. Seriously.

Yes. Read the oral argument transcript. It will make your hair stand on end. Don't read it, though, if you are already depressed.

[ Reply to This | Parent | # ]

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