May 21, 2018
Listen to the episode
From the official website:
Today’s episode takes a deep dive into two important Supreme Court opinions decided last week: McCoy v. Louisiana, which prohibits attorneys from conceding their client’s guilt over that client’s objections in a capital murder trial, and Murphy v. NCAA, which struck down the Professional and Amateur Sports Protection Act (PASPA), 28 U.S. Code § 3701 et seq. In both cases, we hope to show that these cases have two legitimate sides.
In the main segment, we break down the difficult questions surrounding the representation of capital murder defendants.
After that, we head back overseas with a really insightful listener comment that takes us deeper into the law of treaties.
Finally, we end with the answer to Thomas Takes the Bar Exam Question #76 about present recollection refreshed.
Show Notes & Links
- The first case we break down is Murphy v. NCAA, which struck down the Professional and Amateur Sports Protection Act, 28 U.S. Code § 3701 et seq.
- After that, we turn to McCoy v. Louisiana, which prohibits attorneys from conceding their client’s guilt over that client’s objections in a capital murder trial, distinguishing the Court’s earlier decision in Florida v. Nixon, 543 U.S. 175 (2004).
- We discussed treaty obligations in Episode 173.
Law Talkin' Stuff
Earth Law
Law Court Thingies
- Florida v. Nixon
- McCoy v. Louisiana
- Murphy v. NCAA (formerly Christie v. NCAA)
Lawsplaining
Magic Law Words
People
- Alan Dershowitz
- Larry English
- Neil Gorsuch
- Ruth Bader Ginsburg
- Samuel Alito
- Sonia Sotomayor
- Stephen Breyer
References
Content
- [00:00:00] Commercial
- [00:00:06] Intro
- [00:02:06] Sportsball: Sports betting - PASPA struck down (Good outcome, bad lawing)
- [00:25:30] Commercial
- [00:27:34] B-Segment: Plea-bargaining and the death penalty
- [00:49:27] Listener Questions: An explanation of treaties provided by a listener
- [00:57:00] New Patron Tuesday
- [00:58:30] Thomas Takes The Bar Exam: The Original Document (aka Best Evidence Rule) (answer)
- [01:07:56] Outro
(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)
Follow up
- Episode 177 & Episode 179 has a Listener Question with more details on plea bargaining