{
  "document_metadata": {
    "page_number": "70",
    "document_number": "1:20-cr-00338-PAE Document 161 Filed 02/24/22 Page 70 of 117",
    "date": "02/24/22",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00338-PAE Document 161 Filed 02/24/22 Page 70 of 117 A-5913\n\n11\n\nCAC3PARC\n1 under any definition.\n2 It's also under Chappee in the First Circuit, and I\n3 would bet it is also effective assistance. Or it's not\n4 ineffective assistance, even though one can say that's back\n5 alley -- I can't remember the words in Chappee, but they are\n6 not very flattering. Even though you can say those things,\n7 it's got to be effective assistance because you're not going to\n8 let people get away with that game. There is a perfect\n9 example.\n10 You can have, I've done this as a grid, and you can\n11 have, if you put waiver and ineffective assistance, you can\n12 fill out most of the four boxes. There is a case in the Second\n13 Circuit that I stumbled across which is Flores. It is old\n14 enough there is a Judge Van Graafeiland dissent. Flores is one\n15 where there is a waiver. The trial lawyer I think says after\n16 trial, look, I've come across this 3500 material, this Rosario\n17 material, but it wouldn't have helped me very much. And he\n18 says it at a time when it is per se reversible not to have\n19 turned over that 3500 material. There is no harmless error\n20 standard, that's how crazy New York law was. And the First\n21 Department in New York Court of Appeals says waiver. You say\n22 right on the record you're not pressing the issue. The Second\n23 Circuit said ineffective assistance, right. How can a lawyer\n24 possibly having been handed a piece of paper which is a new\n25 trial card, how can you not play it. So there is a situation\n\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\n\nDOJ-OGR-00009489",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00338-PAE Document 161 Filed 02/24/22 Page 70 of 117",
      "position": "header"
    },
    {
      "type": "handwritten",
      "content": "A-5913",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "CAC3PARC\n1 under any definition.\n2 It's also under Chappee in the First Circuit, and I\n3 would bet it is also effective assistance. Or it's not\n4 ineffective assistance, even though one can say that's back\n5 alley -- I can't remember the words in Chappee, but they are\n6 not very flattering. Even though you can say those things,\n7 it's got to be effective assistance because you're not going to\n8 let people get away with that game. There is a perfect\n9 example.\n10 You can have, I've done this as a grid, and you can\n11 have, if you put waiver and ineffective assistance, you can\n12 fill out most of the four boxes. There is a case in the Second\n13 Circuit that I stumbled across which is Flores. It is old\n14 enough there is a Judge Van Graafeiland dissent. Flores is one\n15 where there is a waiver. The trial lawyer I think says after\n16 trial, look, I've come across this 3500 material, this Rosario\n17 material, but it wouldn't have helped me very much. And he\n18 says it at a time when it is per se reversible not to have\n19 turned over that 3500 material. There is no harmless error\n20 standard, that's how crazy New York law was. And the First\n21 Department in New York Court of Appeals says waiver. You say\n22 right on the record you're not pressing the issue. The Second\n23 Circuit said ineffective assistance, right. How can a lawyer\n24 possibly having been handed a piece of paper which is a new\n25 trial card, how can you not play it. So there is a situation",
      "position": "main"
    },
    {
      "type": "printed",
      "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00009489",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Judge Van Graafeiland"
    ],
    "organizations": [
      "First Department in New York Court of Appeals",
      "Second Circuit",
      "SOUTHERN DISTRICT REPORTERS, P.C."
    ],
    "locations": [
      "New York"
    ],
    "dates": [
      "02/24/22"
    ],
    "reference_numbers": [
      "1:20-cr-00338-PAE",
      "DOJ-OGR-00009489"
    ]
  },
  "additional_notes": "The document appears to be a court transcript or legal document. The text is mostly typed, with a handwritten notation 'A-5913' at the top. The content discusses legal concepts such as ineffective assistance and waiver, referencing specific court cases and jurisdictions."
}