Thursday, June 4, 2020

DOG THROWER GETS A NEW TRIAL

She Isn't Crazy Enough

by Bob Walsh

Regular readers might remember I wrote ages ago about Wakeen Best.  She was convicted of breaking into a car, removing a chihuahua from the car and tossing it off of the seven story parking structure.  The dog didn't survive.

Ms. Best wanted to defend herself.  The judge believed, after speaking with her, that she was not capable of effectively defending herself and refused permission.  She appealed  and the state appeals court says she gets a new trial and gets to defend herself.

She was rambling and unknowledgable in the law, and regularly interrupted proceedings, but was neither mentally incompetent nor illiterate.  Among other things she could not differentiate between the right to a speedy trial and the right to a jury trial.  

According to various Supreme Court and lower court decisions as long as a defendant is not illiterate and is made aware of the dangers of self-representation they get to defend themselves, even if they are stupid and malignant assholes. 

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