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 Revised 515 BOARD of BAR EXAMINERS of Delaware Courts Courts Delaware 2020

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disagreements between a client and attorney are inevitable and when those disagreements arise it's important to know who has the authority to make the final decision the 1993 case of red dog versus Delaware sets forth the basic rules for allocation of authority between client and Attorney James Allen Red Dog pleaded no contest to charges of murder rape and kidnapping the trial court then sentenced him to death after receiving his sentence Red Dog repeatedly and consistently maintained that he didn't want an appeal or stay of execution and the public defender who had represented Red Dog since the charges were filed never expressed doubts about his competency but one week before the scheduled execution date two other attorneys from the public defender office who had very little interaction with red dog filed a motion to stay the execution citing competency concerns upon learning about the motion Red Dog wrote to the court reiterating his desire to accept the death penalty

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