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[quote=Anonymous]Lawyers HAVE to make motions to suppress evidence before or during the trial to preserve the issue for a later appeal. If you don't raise it before/at trial, you cannot raise it for the first time on appeal. Also, it would be a breach of your duty to the client NOT to move to suppress an admission of guilt or a statement made to police. The defendant, if convicted, would definitely have a good claim for "ineffective assistance of counsel" which just mucks up the legal system. So, the defense attorney is just doing the basic job by making the motion to suppress. Nothing unusual. If JM isn't inclined to make a deal, and she decides to go to trial, her atty will still be able to argue that JR was still a threat and that JM was just following the orders of a trained Law Enforcement Officer (BB) in shooting someone who (to her) seemed to have stabbed CB. That's what the argument will be. It'll be the jury's place to decide if that argument holds water given whatever digital evidence the police have, the shooting range experience, buying the gun, etc. I suspect a jury will not buy JM's version. But, maybe JM thinks that she is sympathetic enough and the scene was chaotic enough, that the jury might have doubt about whether she was in danger or thought she was.[/quote]
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