I am suffering a crisis of faith and the source of my consternation is, at first glance, an incongruous one: I think I am going to win an appeal. But, to quote that wonderful movie lawyer voice of conscience, Sam Weinberg, here’s the thing and there’s really just no way around it: It is an appeal that I ought to lose.
To be clear, I mean "ought to" in a larger, moral sense of the phrase: I ought to lose because I’m fairly certain my client is guilty and does not deserve a new trial, procedural errors be damned. What really troubles me, however, is the coincidental, but nonetheless jarring, juxtaposition between this appeal and another appeal that I just lost – one in which I am fairly certain my client is innocent. And I cannot help but ask myself, is this justice?
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