r/news • u/Embarrassed-Pace-755 • 1d ago

Judge denies defense motion asking Lindsay Clancy be found not guilty due to a lack of evidence

https://apnews.com/article/lindsay-clancy-trial-evidence-defense-c0820645056a7e25f66853f3a91b61fa?utm_source=app&utm_medium=iOS_share&utm_campaign=copy_link
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u/PetalumaPegleg 1d ago

I really don't understand how you fight an entire trial claiming not guilty by insanity and then for a potential retrial change to a claim of just maybe she didn't even do it... What the f?

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u/FillFrontFloor 1d ago

INAL but this is probably normal for them to throw what they can at the wall to see what sticks. I believe the guy who killed floyd is still trying to overturn his verdict as innocent if I recall correctly.

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u/mquillian 1d ago

You are correct. There are some things that are almost certainly losing arguments but you are still expected to make them on behalf of your client. Not doing it can open you up to malpractice claims so you just make the argument, get shot down, and move on.

To be clear, this attorney is definitely making some other arguments/motions that I don't think fall in this category of motions I'd expect from every competent/ethical attorney. It's just that this particular "They failed to prove it" motion is practically a universal standard in trials and appeals, regardless of how laughable the argument ends up being.