Part Seven – Dissent
There was a justice who was not for the decision at all, as well:
Justice Breyer, with whom Justice Stevens joins, dissenting.
“I agree that the Court's per curiam opinion correctly states the law, but because respondent's counsel is not a member of this Court's bar and did not wish to become one, respondent has not filed a brief in opposition to the petition for certiorari. I believe we should not summarily reverse in a criminal case, irrespective of the merits, where the respondent is represented by a counsel unable to file a response, without first inviting an attorney to file a brief as amicus curiae in response to the petition for certiorari. For this reason, I dissent.”
I totally agree that they should have not dropped a reverse on a criminal case as well. I believe that many people, other than Stevens felt the same way. Not only did they disappoint me, but they made me feel and think about what kind of nation we are living under. Are we all just playing against the rules? What if the rule does not protect us from the safety that we claim to have in the United States? The evidence was there, and the rules obviously showed that it would be wrong in that situation.
The Dissent
15 years ago
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