Mark Geragos

You would need some kind of a declaration.

You would need some kind of really compelling evidence that somebody was either, you know, one of the things that I've found, Arthur may have seen this.

You have a jury strike list by the prosecution.

If there was an initial, a B or something for black or some kind of rating.

I've seen that.

I've actually seen that happen where that was discovered years later and it ended up being the basis for a habeas to get somebody.

Arthur, that was a Texas case.

The sleeping lawyer was out of Texas.

I did not know that.

Ineffective assistance is a very high bar because it isn't whether or not if you had Johnny Cochran or you had the second coming of Clarence Darrow.

It's basically, are you, you know, I always joke about probable cause has been reduced.

Are you breathing?

Is my client breathing?

But

for ineffective assistance, it's not a high bar to be thought of as competent.

And basically, judges say, could this have been a tactical decision?

Could this lawyer, is there a way to spin whatever decision the client is complaining about that the lawyer had a reason to do it tactically?

If they did, the judges are dismissive of it.

Well, in Arthur's point, I make it a habit of having the judge do an inquiry just so that you don't go down this road when the prosecution rests and have the judge do it on the record.

And in the instance, as I mentioned before to Arthur's point,