DOJ-OGR-00009481.jpg
457 KB
Extraction Summary
1
People
4
Organizations
1
Locations
2
Events
0
Relationships
2
Quotes
Document Information
Type:
Court transcript
File Size:
457 KB
Summary
This document is a court transcript from a case filed on February 24, 2022. An unidentified speaker is arguing about whether the actions of the 'Brune firm' on May 12, 2011, constituted a deliberate 'strategic judgment' or were simply 'inattention or neglect.' The speaker references legal definitions and precedents from Justice Stevens, the Second Circuit, and the Supreme Court to support their argument.
People (1)
| Name | Role | Context |
|---|---|---|
| Justice Stevens | Justice |
Mentioned in reference to a dissent that provided language defining 'strategic judgment' ('Justice Stevens' dissent').
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Brune firm | Law firm |
The law firm whose performance and strategic judgment on May 12, 2011, are being questioned.
|
| Second Circuit | Court |
Cited as having provided a definition of what is not a strategic judgment.
|
| Supreme Court | Court |
Cited as stating that lawyers' decisions in choosing a course of action should not be second-guessed.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
The court reporting agency that transcribed the proceedings, listed at the bottom of the page.
|
Timeline (2 events)
2011-05-12
A 'fateful day' on which the Brune firm is alleged to have made a strategic judgment.
The voir dire process, during which the Brune firm may have made a strategic judgment.
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as the location of a hypothetical conversation involving the Brune firm ('in that Plaza conversation').
|
Key Quotes (2)
"The Second Circuit has told us that it is not a strategic judgment when what is going on is oversight or carelessness or ineptitude."Source
— Unidentified Speaker
(Citing a legal precedent to distinguish strategic judgment from neglect.)
DOJ-OGR-00009481.jpg
Quote #1
"If the Brune firm in that Plaza conversation said the equivalent of let's sandbag the Court, let's go forward. We know this information and we get a free bite at the apple. It's hard to think that's not a strategic decision,"Source
— Unidentified Speaker
(Presenting a hypothetical scenario to illustrate a clear example of a strategic decision.)
DOJ-OGR-00009481.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,485 characters)
Case 1:20-cr-00330-PAE Document 1616-3 Filed 02/24/22 Page 62 of 117
A-5905
A-5905
3
CAC3PARC
have that discussion.
The first question obviously is was the performance
deficient here. And that I think turns on the question of did
the Brune firm make a strategic judgment on that fateful
May 12, 2011 day, maybe even earlier during the voir dire
itself. And I'm not sure there is a great definition of
strategic judgment, but there is very good language in Justice
Stevens' dissent, but I don't think the majority disagreed with
it, that talks about a conscious choice between two
alternatives borne of deliberation not happenstance,
inattention or neglect.
The Second Circuit has told us that it is not a
strategic judgment when what is going on is oversight or
carelessness or ineptitude.
I like to think about this as strategic judgments are
situations where lawyers say, one of two courses could have
answered my client's interests. I choose A after some thought.
It may be that B is the wiser course. But we'd retry a lot of
cases if we second guess lawyers in that situation and
obviously the Supreme Court says we shouldn't.
I say in our papers that if what went on here was one
of two things. If the Brune firm in that Plaza conversation
said the equivalent of let's sandbag the Court, let's go
forward. We know this information and we get a free bite at
the apple. It's hard to think that's not a strategic decision,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
CAC3PARC
have that discussion.
The first question obviously is was the performance
deficient here. And that I think turns on the question of did
the Brune firm make a strategic judgment on that fateful
May 12, 2011 day, maybe even earlier during the voir dire
itself. And I'm not sure there is a great definition of
strategic judgment, but there is very good language in Justice
Stevens' dissent, but I don't think the majority disagreed with
it, that talks about a conscious choice between two
alternatives borne of deliberation not happenstance,
inattention or neglect.
The Second Circuit has told us that it is not a
strategic judgment when what is going on is oversight or
carelessness or ineptitude.
I like to think about this as strategic judgments are
situations where lawyers say, one of two courses could have
answered my client's interests. I choose A after some thought.
It may be that B is the wiser course. But we'd retry a lot of
cases if we second guess lawyers in that situation and
obviously the Supreme Court says we shouldn't.
I say in our papers that if what went on here was one
of two things. If the Brune firm in that Plaza conversation
said the equivalent of let's sandbag the Court, let's go
forward. We know this information and we get a free bite at
the apple. It's hard to think that's not a strategic decision,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00009481
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