High Court Dives Into The Restraint Of Untainted Assets

Law360, New York (December 23, 2015, 10:18 AM EST) -- Daniel Wenner

John Cerreta Two years ago, Chief Justice John Roberts opened his dissent in Kaley v. United States with a stirring reminder that "[a]n individual facing serious criminal charges ... has little but the Constitution and his attorney standing between him and prison," and so "[h]e might readily give all he owns to defend himself." 134 S. Ct. 1090, 1105 (2014). The majority's response, in both Kaley and a line of cases preceding it, has been that a criminal defendant may indeed spend all his money on counsel of choice if he wishes to do so. But what the defendant...

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