Washington Lawyer - September/October 2020 - 41

ON FURTHER RE VIEW
Indeed, the West Memphis Three prosecutor
expressly defended the Alford plea by
citing the amount of money he saved his
constituents by exercising his discretion the
way he had.8
One of the challenges with the Alford plea was
its potential broader consequences. "I suspect
after the West Memphis Three deal was
entered that there have been prosecutors in
other places that have said, 'We'll let you go
when the evidence looks shaky if you'll agree
to waive civil liability.' They won't agree to a
walk-away," Braga says.
About those broader implications, Braga has
this to say: "I understand the issues that some
in the wrongful conviction community might
have with the resolution. But I'm the lawyer for
Damien. I'm not the lawyer for the cause. My
client has told me his goal is to get off death
row, to get out of prison, and to lead the best
life he can from this point forward. There's
nothing more to talk about."
Lloyd Liu is a partner at Bennett Doyle LLP where
he focuses on white-collar defense, government
investigations, and complex civil litigation.

OSI

S E RV I N G L AW Y E R S
SINCE 1981

NOTES

	1	 See Misskelley v. State, 915 S.W.2d 702, 706
(Ark. 1996).
	2	 Echols v. State (Echols II), 2010 Ark. 417, at 3, 2010
Ark. LEXIS 511, at *16 n.3.
	3	 Misskelley, 915 S.W.2d at 707.
	4	 Echols v. State (Echols II), 2010 Ark. 417, at 3, 2010
Ark. LEXIS 511, at *3; see Ark. Code Ann. § 16112-202 (2001) (amended 2005).
	5	 Echols II, 2010 Ark. LEXIS 511, at *4.
	 6	 David S. Mitchell Jr., "Lock 'Em Up and Throw
Away the Key: 'The West Memphis Three' and
Arkansas's Statute for Post-Conviction Relief
Based on New Scientific Evidence," 62 Ark. L.
Rev. 501, 506-07 (2009).
	7	 See "Timeline of Events in the West Memphis
Three Case," Arkansas Times (Aug. 24, 2011),
arktimes.com/news/cover-stories/2011/08/24/
timeline-of-events-in-the-west-memphis-threecase.
	 8	 Andrew DeMillo, "Ellington: Money a Factor
in West Memphis Deal," The Associated Press
(Apr. 18, 2012), arkansasonline.com/news/2012/
apr/18/ellington-money-factor-west-memphis3-deal/?news-arkansas-specials.

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Washington Lawyer - September/October 2020

Table of Contents for the Digital Edition of Washington Lawyer - September/October 2020

Digital Extras
Your Voice
From Our President
Practice Management
ABA Delegates Corner
Calendar of Events
Re-Envisioning the Bar Exam feature
The New Normal in Legal Education feature
On Shaky Ground feature
How the Pandemic Has Transformed Courts Feature
The Science of Why Clients Ignore Counsel's Advice feature
Taking the Stand
On Further Review
The Learning Curve
Member Spotlight - Susan Biniaz
Member Spotlight - Whit Washington
Worth Reading
Attorney Briefs
Disciplinary Summaries
Speaking of Ethics
Pro Bono Effect
A Slice of Wry
Washington Lawyer - September/October 2020 - Cover1
Washington Lawyer - September/October 2020 - Cover2
Washington Lawyer - September/October 2020 - 1
Washington Lawyer - September/October 2020 - 2
Washington Lawyer - September/October 2020 - 3
Washington Lawyer - September/October 2020 - Digital Extras
Washington Lawyer - September/October 2020 - Your Voice
Washington Lawyer - September/October 2020 - From Our President
Washington Lawyer - September/October 2020 - 7
Washington Lawyer - September/October 2020 - Practice Management
Washington Lawyer - September/October 2020 - 9
Washington Lawyer - September/October 2020 - ABA Delegates Corner
Washington Lawyer - September/October 2020 - Calendar of Events
Washington Lawyer - September/October 2020 - Re-Envisioning the Bar Exam feature
Washington Lawyer - September/October 2020 - 13
Washington Lawyer - September/October 2020 - 14
Washington Lawyer - September/October 2020 - 15
Washington Lawyer - September/October 2020 - 16
Washington Lawyer - September/October 2020 - 17
Washington Lawyer - September/October 2020 - The New Normal in Legal Education feature
Washington Lawyer - September/October 2020 - 19
Washington Lawyer - September/October 2020 - 20
Washington Lawyer - September/October 2020 - 21
Washington Lawyer - September/October 2020 - On Shaky Ground feature
Washington Lawyer - September/October 2020 - 23
Washington Lawyer - September/October 2020 - 24
Washington Lawyer - September/October 2020 - 25
Washington Lawyer - September/October 2020 - How the Pandemic Has Transformed Courts Feature
Washington Lawyer - September/October 2020 - 27
Washington Lawyer - September/October 2020 - 28
Washington Lawyer - September/October 2020 - 29
Washington Lawyer - September/October 2020 - 30
Washington Lawyer - September/October 2020 - 31
Washington Lawyer - September/October 2020 - The Science of Why Clients Ignore Counsel's Advice feature
Washington Lawyer - September/October 2020 - 33
Washington Lawyer - September/October 2020 - 34
Washington Lawyer - September/October 2020 - 35
Washington Lawyer - September/October 2020 - 36
Washington Lawyer - September/October 2020 - 37
Washington Lawyer - September/October 2020 - Taking the Stand
Washington Lawyer - September/October 2020 - 39
Washington Lawyer - September/October 2020 - On Further Review
Washington Lawyer - September/October 2020 - 41
Washington Lawyer - September/October 2020 - The Learning Curve
Washington Lawyer - September/October 2020 - 43
Washington Lawyer - September/October 2020 - Member Spotlight - Susan Biniaz
Washington Lawyer - September/October 2020 - 45
Washington Lawyer - September/October 2020 - Member Spotlight - Whit Washington
Washington Lawyer - September/October 2020 - 47
Washington Lawyer - September/October 2020 - Worth Reading
Washington Lawyer - September/October 2020 - 49
Washington Lawyer - September/October 2020 - 50
Washington Lawyer - September/October 2020 - Disciplinary Summaries
Washington Lawyer - September/October 2020 - Speaking of Ethics
Washington Lawyer - September/October 2020 - 53
Washington Lawyer - September/October 2020 - Pro Bono Effect
Washington Lawyer - September/October 2020 - 55
Washington Lawyer - September/October 2020 - A Slice of Wry
Washington Lawyer - September/October 2020 - Cover3
Washington Lawyer - September/October 2020 - Cover4
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