Opening Arguments

OA175: Defending a Client In the Shadow of the Death Penalty (& So Much More!)


Listen Later

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. We begin, of course, with sportsball.  What is PASPA, why did the Court strike it down, does it make sense, and most importantly:  when can you bet against the San Jose Sharks? 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.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at [email protected]. Show Notes & Links
  1.  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.
  2. 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).
  3. We discussed treaty obligations in Episode 173.
Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at [email protected]
...more
View all episodesView all episodes
Download on the App Store

Opening ArgumentsBy Opening Arguments Media LLC

  • 4.3
  • 4.3
  • 4.3
  • 4.3
  • 4.3

4.3

3,552 ratings


More shows like Opening Arguments

View all
Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

Amicus With Dahlia Lithwick | Law, justice, and the courts

3,527 Listeners

Cognitive Dissonance by Atheist and Skeptical News

Cognitive Dissonance

4,039 Listeners

The Scathing Atheist by Puzzle in a Thunderstorm, LLC

The Scathing Atheist

3,208 Listeners

Skeptics with a K by Skeptic Media Limited

Skeptics with a K

431 Listeners

God Awful Movies by Puzzle in a Thunderstorm, LLC

God Awful Movies

2,604 Listeners

The Skepticrat by Puzzle in a Thunderstorm, LLC

The Skepticrat

1,986 Listeners

The Lawfare Podcast by The Lawfare Institute

The Lawfare Podcast

6,290 Listeners

Knowledge Fight by Knowledge Fight

Knowledge Fight

4,643 Listeners

Citation Needed by Citation Needed Media

Citation Needed

2,662 Listeners

UnJustified by MSW Media

UnJustified

7,628 Listeners

Cleanup on Aisle 45 with AG & Harry Dunn by MSW Media

Cleanup on Aisle 45 with AG & Harry Dunn

1,889 Listeners

Dear Old Dads by Eli Bosnick, Thomas Smith, Tom Curry

Dear Old Dads

526 Listeners

Where There's Woke by Thomas Smith

Where There's Woke

268 Listeners

Law and Chaos by Liz Dye

Law and Chaos

375 Listeners

The Know Rogan Experience by Cross Pond Productions

The Know Rogan Experience

776 Listeners