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October 14, 2011

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Comments

MD

Daniels was not trial counsel and was not retrying the case. One of the arguments on appeal was a sufficiency of evidence argument. The standard on appeal is de novo so it is appropriate to argue in that vein whether the facts passed muster at trial to support the convictions.

Hugh

"the worst thing that can happen to an attorney is . . . to lose a case that they should have won for a client."

Is Daniels trying to argue that the decision should be reversed because she doesn't like to lose at trial?

It would be interesting to see the briefs on this one. The way this article is written, the oral argument sounds like a retrying of facts.

Lynne

Mindy Daniels made a great argument. She was really effective at pressing her client's case. I hope the judges can look beyond the jury's verdict to see that the lack of evidence should not have allowed a guilty verdict.

Beckley

This is a great breakdown of a fascinating case. I wonder if cold-blooded execution will equate to planning or foresight in the jury's mind. In the end, the emotion-based arguments made by both sides will likely carry the day, right? Legal definitions seem almost secondary to the outcome in a trial case with such an emotionally charged, personal component.

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