Category: Scalia

Sins of the Father…. Part 2

In my last post I criticized Justice Scalia for the last sentence of his dissent in the Maples case. “Because a faithful application of those precedents leads to the conclusion that Maples has not demonstrated cause to excuse his procedural default; and because the reasoning by which the Court justifies the opposite conclusion invites future evisceration of the principle that defendants are responsible for the mistakes of their attorneys; I respectfully dissent.”


The Sins of the Father . . . . .

My partner Howard came rushing into my office: “Did you read the Scalia dissent?” I confessed I had no earthly idea what he was referring to so he threw it down on my desk, finger jabbing at the last line, “Read this.”