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Wednesday, October 13, 2010

A "CSI effect" in the Supreme Court?

From an oral argument about the right to counsel:
"If someone were moved from the bed, taken to the living room couch, you would have expected to see a trail of blood from the bed, and there wasn't that," said Justice Ruth Ginsburg.

Chief Justice John Roberts asked whether "he could have dragged him from the pool to the couch because there were drops along the way."

"Let's say there really was a gun fight, and Klein [the victim] fell someplace else," speculated Justice Samuel Alito. "Why is it so valuable to him to move Klein's body?"

Justice Sonia Sotomayor posed a hypothetical in which "one of those blood spots absolutely had to be Klein's near the bedroom."

"Why wouldn't he wipe up the blood?" Justice Antonin Scalia wanted to know. "I mean, what good is it to simply put him on the couch when you leave a pool of blood showing that that's where he was shot?"

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