With all of the probable hail mary attempts in OJ Simpson's football career, none may not be as important as the one he's trying now. OJ is using habeas corpus in a last ditch effort to regain his freedom.
OJ is alleging that he is being unlawfully detained because he had an attorney who didn't provide competent counsel. Under the U.S. Constitution and State Constitution, a person is entitled to a competent lawyer when facing criminal prosecution, says Eugene Hyman, retired Superior Court Judge in Santa Clara, California. OJ is alleging that his attorney was not competent on several basis's, the most important of which saying there was an offer of a plea bargain that was not communicated to OJ by his attorney.
If that is true, Hyman says that this is a very serious violation and if the judge finds this allegation to be true, OJ would be entitled to a new trial. A lot is going to depend on the testimony of the defense attorney, who isn't allowed to refuse to testify on the basis of attorney/client privilege. Hyman says this is waived when a defendant puts an issue such as this in front of the court.
Hyman says that you don't have a constitutional right to a plea bargain but you do have a constitutional right to have a plea bargain competently explained to you.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.