West Headnote of the Day – September 2, 2010

September 2, 2010

West's Key 110 Criminal Law
West's Key 110XXXI Counsel
West's Key 110XXXI(B) Right of Defendant to Counsel
West's Key 110XXXI(B)11 Deprivation or Allowance of Counsel
West's Key 110k1852 k. Particular Cases in General.

110 Criminal LawComments by trial judge on day before closing argument that lawyers wanted 40 minutes apiece and “it is too hot to listen to hot air in this hot air so we’ll recess until the morning and hopefully it will cool down by then,” were not improper, when put in context, despite defendant’s contention that remarks violated Sixth Amendment right to effective assistance of counsel; comments were not directed at either counsel, were isolated, and were part of judge’s explanation as to why closing arguments would not occur until following morning.
United States v. Morales, 868 F.2d 1562 (11th Cir. 1989)