These are the initial postings:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=5057034http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=5159620http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=5416195And here...the 6th Circuit got it right but at what expense? This poor boy has been sexually abused in prison.
http://theparisnews.com/story.lasso?ewcd=d7ca7028e9dbfc60Hart’s father, Robert Hart, 71, of 1055 22nd St. N.E, said the appellate judges “really got mad at what was done to him during the trial. If that boy did anything wrong, he didn’t realize it. He never did understand even what they put him in jail for.”
The youth with the mental capacity of a 6-year-old may not have understood the charges, and he pleaded guilty only because his attorney said if he didn’t he would “go to jail for a long time,” said Justice Bailey C. Moseley in the opinion he wrote.
The opinion said the attorney told Hart he might get probation if he pleaded guilty, when in fact he was not eligible for community supervision. If the attorney didn’t know that, he should have, the opinion said.
“Absent counsel’s deficient performance, Hart would not have pled guilty. We reverse the judgment and remand to the trial court for proceedings consistent with this opinion,” the ruling concluded.