# Lawyer logic and the Smart case (Careful, this'll piss you off)

**URL:** <https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947>\
**Category:** The BBQ Pit\
**Created:** [March 17, 2003, 6:32am UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947 "2003-03-17T06:32:05Z")\
**Posts on this page:** 8\
**Page:** 2

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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\
**Post date:** [March 18, 2003, 3:59am UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947/21 "2003-03-18T03:59:45Z")

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> [@](#):
>
> **Dewey** said:  
> What SmackFu said, to which I’ll add I haven’t yet heard of federal charges being brought in this case – I was under the impression that this would be a Utah prosecution.

Well, if the Utah trial doesn’t hang him pretty good, I’m pretty sure the feds would be happy to to do it all over again. The option should still be there.

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**Author:** ![Count\_Blucher](https://avatars.discourse-cdn.com/v4/letter/c/c5a1d2/32.png) [@Count\_Blucher](https://boards.straightdope.com/u/Count_Blucher)\
**Post date:** [March 18, 2003, 3:11pm UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947/22 "2003-03-18T15:11:48Z")

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As I understand it, Utah still uses the firing squad. By a lighter charge or lesser penalty, perhaps they could load 2 rifles with blanks instead of just 1…?

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**Author:** ![Beagle](https://avatars.discourse-cdn.com/v4/letter/b/85f322/32.png) [@Beagle](https://boards.straightdope.com/u/Beagle)\
**Post date:** [March 18, 2003, 3:51pm UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947/23 "2003-03-18T15:51:21Z")

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[The Mann Act](http://www.rootsweb.com/~kyjohnso/MannAct.htm)

[Con Law outline](http://wise.fau.edu/~tunick/courses/conlaw/mann.html)

> [@](#):
>
> 1. -Polygamous marriage Members of Mormon sect who  
> practiced polygamy and each of whom transported atleast one  
> plural wife across state lines, either for purpose of cohabiting  
> with her, or for purpose of aiding another member of cult in  
> such project could be held guilty of violating predecessor to 18  
> USCS @ 2421. Cleveland v United States (1946) 329 US 14, 91 L Ed  
> 12, 67 S Ct 13, reh den (1946) 329 US 830, 91 L Ed 704, 67 S Ct  
> 361; Malaga v United States (1932, CA1 Mass) 57 F2d 822.  
> Enticement of girl into another state to contract bigamous  
> marriage and after such marriage persuading her to live with  
> defendant in immoral way was no offense under predecessor to 18  
> USCS @ 2421. Gerbino v United States (1923, CA3 NJ) 293 F 754.  
> Conviction under White Slave Traffic Act (predecessor to 18 USCS  
> @ 2421) will be upheld where it was shown that defendant, while  
> “married” to two other women, transported girl from District of  
> Columbia into Virginia, where they were bigamously married, and  
> then transported her from Virginia back to District of Columbia,  
> where they had sexual relations. Burgess v United States (1924)  
> 54 App DC 71, 294 F 1002.

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**Author:** ![Diane](https://avatars.discourse-cdn.com/v4/letter/d/2acd7d/32.png) [@Diane](https://boards.straightdope.com/u/Diane)\
**Post date:** [March 19, 2003, 2:39pm UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947/24 "2003-03-19T14:39:41Z")

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Evidentally, the attorney is a crackpot and not actually defending Mitchell.

From this site:

[http://tv.ksl.com/index.php?nid=84&sid=15013](http://tv.ksl.com/index.php?nid=84&sid=15013)

\*A lawyer who briefly claimed to represent kidnap suspect Brian Mitchell seems to have been ousted from the case after making remarks that raised many eyebrows over the weekend.

A high-profile case like this one tends to draw people like moths to the flame. And sometimes they get burned. That may be what happened to an attorney who claims he had a jailhouse meeting with Brian Mitchell.

Larry Long is known primarily as an attorney for people charged with drunk driving. He sends this form-letter advertising his services to many if not all inmates booked into the county jail. One line says, “Even if you feel you are guilty, DON’T PANIC!”

On Sunday he reached for the big-time, claiming to represent Brian Mitchell.

In a weekend interview with KUTV, Long made remarks many lawyers considered unprofessional, if not downright strange. He said Mitchell deserved a light sentence because he didn’t KILL Elizabeth Smart. He claimed Mitchell loved her. And he referred to her nine-month “adventure.”

Long seems to be lying low after the weekend interview. He’s not returned phone calls. His office staff won’t reveal his whereabouts. \*

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**Author:** ![lieu](https://avatars.discourse-cdn.com/v4/letter/l/c2a13f/32.png) [@lieu](https://boards.straightdope.com/u/lieu)\
**Post date:** [March 19, 2003, 3:00pm UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947/25 "2003-03-19T15:00:03Z")

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Nice link Diane.

Can Larry Long be disbarred for such deceit?

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**Author:** ![DeadlyAccurate](https://avatars.discourse-cdn.com/v4/letter/d/ac91a4/32.png) [@DeadlyAccurate](https://boards.straightdope.com/u/DeadlyAccurate)\
**Post date:** [March 19, 2003, 3:52pm UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947/26 "2003-03-19T15:52:27Z")

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I’m still confused by his referring to Mitchell as “the perpetrator” when he claimed to be his council. If he had been Mitchell’s lawyer, couldn’t Mitchell appeal any guilty verdict by claiming incompetent council?

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**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\
**Post date:** [March 19, 2003, 4:08pm UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947/27 "2003-03-19T16:08:29Z")

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> [@](#):
>
> \*Originally posted by Enderw24 \*  
> **The lawyer for Mitchell is hired to zealously represent his client. He’s not doing scummy things, he’s trying to do what it takes to get his client the best deal possible. He’s doing his job. I don’t think you can fault him for it and it certainly doesn’t piss me off.**

My question is how does he sleep at night?

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**Author:** ![Payne\_N.Diaz](https://avatars.discourse-cdn.com/v4/letter/p/b77776/32.png) [@Payne\_N.Diaz](https://boards.straightdope.com/u/Payne_N.Diaz)\
**Post date:** [March 20, 2003, 1:17am UTC](https://boards.straightdope.com/t/lawyer-logic-and-the-smart-case-careful-thisll-piss-you-off/161947/28 "2003-03-20T01:17:25Z")

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In a coffin, filled with the soil from his native land.

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