Sharp criticism of court in a brief leads to disbarment

[Eric M. Freedman]

I agree with the criticisms of the decision.
I note that the winning brief in Moore v. Dempsey, 261 U.S. 86 (1923), a landmark successful habeas action on behalf of blacks sentenced to death under lynch mob domination, noted that the state Supreme Court had misstated the trial record and argued that  "the Supreme Court of Arkansas was itself influenced by the same feeling that influenced the leaders of society throughout the region where these tragedies occurred," viz. a racist determination to execute these defendants regardless of the law.
It seems to me that someone, whether with a primary professional identity in First Amendment or in professional responsibility, should be thinking about assisting in a cert. petition here if the lawyer is planning one. -E.


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      Prof. Eric M. Freedman
      Hofstra Law School
      Hempstead, NY  11550
      LAWEMF at Hofstra.edu
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