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Justice Antonin Scalia scoffed at the idea advanced by lawyers for Michigan and the Obama administration that courts should be willing to allow a new trial if the judge acquits a defendant at the urging of his lawyer. "Counsel often encourage judges to do the wrong thing. In fact, in every case, there is one of the two counsel urging the court to do the wrong thing, right?" Scalia said. "That's what the adversary system consists of." What little apparent support Michigan had on the court came from Chief Justice John Roberts, who said the government is supposed to have a fair shot at convicting a defendant. "It does seem to me if they had been thrown out of court because of a legal error, that's not a fair shot," Roberts said. A decision should come by June. The case is Evans v. Michigan, 11-1327.
[Associated
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