12.13.07

On the Sixth Amendment and Moose (Meese?)

Posted in Law, Writing at 9:22 pm by Emmel Philips

Here is a quick quote for your end-of-the-week amusement. The Sixth Amendment entitles a defendant “to have the assistance of counsel for his defense.” Courts interpret this constitutional provision to include the right to have defense counsel present for trial and on appeal. Judge Easterbrook has further explained, “A lawyer who does not show up for trial might as well be a moose, and giving the defendant a moose does not satisfy the sixth amendment. Nunez v. United States, No. 06-1014 (7th Cir. July 31, 2007) (citing United States v. Cronic, 466 U.S. 648 (1984)).

The idea of a moose in the courtroom (or absent from the courtroom, in this case) makes me smile. I wonder why Easterbrook thought of moose. Moose do inhabit Alaska, a known Easterbrook haunt.