Ever hear the old joke about the kid who killed his parents, then begged for mercy from the court because he was an orphan? Life imitates an old joke
Dwayne Giles, who shot and killed his ex-girlfriend in Los Angeles, asked the Supreme Court on Tuesday to overturn his murder conviction because he was denied the right to "confront" her in court.
"He never had a chance to cross-examine" the victim, said Marilyn G. Burkardt, a Los Angeles lawyer representing Giles. Burkardt called the prosecution's use of his ex's reports of his threats "highly prejudicial."
And the worst part is that he could win. The court took up the case "to test the outer limits of the so-called confrontation right in the 6th Amendment. It says, 'In all criminal prosecutions, the accused shall enjoy the right. . . . to be confronted with the witnesses against him.' " Do we actually have to cross that line -- on the other side of which legal technicalities overwhelm common sense -- to know we've reached the outer limits? We are in control of your rights. Do not attempt to adjust your Constitution.
