Months of hard work by four third-year law students paid off Tuesday when they presented their case, State v. Castillo, to the Louisiana Supreme Court.Vincent Castillo was denied his right to counsel by the Fifth Circuit Court of Appeals. The students of the LSU Law Clinic, assisted by professor Paul Baier, presented the reasons Castillo should be appointed counsel for his misdemeanor traffic violations, including a suspended license and speeding.Nicholas Graphia, Miesha Beverly, Loren Shanklin and Jonathan Brown have researched the case since winter break. “We missed our Christmas break because we were so busy working,” said Shanklin. “I think we easily put in over 150 hours of work all together.”Michael Rocks, a representative from the Jefferson Parish Indigent Defender Board, spoke first. He gave reasons the 5th Circuit Court’s decision denying Castillo counsel should be reversed. Graphia was appointed the oral advocate for the hearing. The clerk put 20 minutes on the clock for him and Baier to speak.Justice Jeannette T. Knoll questioned the reason the case was being heard. She said driving was a privilege and not a right. “Does this mean that every person who gets a ticket should get a lawyer to represent them?” Knoll asked.Graphia stressed the issue was not about Castillo’s suspended license, but about his indigency and the fact he was facing jail time because of it. Graphia went on to say anyone facing a jail sentence should be granted the right to counsel.Baier stressed the importance of misdemeanor cases in changing laws when he took the floor. Castillo was not present in court.The law students expressed their optimism at the outcome of the case.”The opposing side used parts of our brief in conclusion,” Shanklin said. “There were two key points in our argument. I think we will win on one or the other.”Justice Greg Guidry, University alumnus, said he was proud to have students from the Law Clinic in court.Castillo has regularly appeared in court 45 times during the last decade and a half. He claims to be “the most prolific lawyer in Louisiana” and denied representation from the LSU Law Clinic. The clinic was granted its motion to appear as “amicus curiae” or as “friends of the court.”He managed to get some convictions reversed without counsel, including his conviction for violating a Kenner ordinance prohibiting the raising of more than four domestic fowl in a residential district. Castillo allegedly had an estimated 200 pigeons, cockatiels and love birds on his property.–Contact Mandy Francois at [email protected]
Students present case in state court
March 15, 2010