Feldkamp and Schuck Reactions to 10th Circuit Opinion
Sherri Schuck
"It is nice to know that all the hard work, sleepless nights, sweat and rewrites, rewrites, rewrites; and practices, practices, practices paid off. Working on the brief and getting the opportunity to argue in front of the 10th Circuit was a once in a lifetime experience for a law clinic student - one I highly recommend. I came out of law school having received the opportunity to do something that attorneys years into practice have not been able to do. Strangely, some do not even want to. After having been there, I really appreciate the effort that goes into researching and preparing. It was frustrating at times and it definitely made for some long nights, but the opinion of the 10th Circuit certainly reflects that our work was not in vain. Some of the reasoning relied upon sounds strangely verbatim. We had tremendous guidance from Professor Francis and all the interns involved can take well deserved credit for a job done well. I'd like to have been there to see Mr. Cook's face." (Ms. Schuck is Assistant County Attorney, Pottawatomie County, Kansas.)
Chanda Feldkamp
"In reading the 10th Circuit's decision, I was overjoyed for Mr. Cook. In the months that I spent working on his case, it was clear to me that the Shawnee County Prosecutor's office had violated Mr. Cook's Constitutional rights. The prosecutors failed to even try to locate the only witness against Mr. Cook, which prevented him the opportunity to confront his only accuser at trial. Not only did their actions violate clear precedent of the United States Supreme Court, they trampled on the guarantees of the 6th Amendment of the Constitution. I was happy to see that even though Mr. Cook's pleas for relief had been ignored at the state level, the 10th Circuit panel could recognize that Mr. Cook had been denied a fair trial. Although the judges were concerned about the high standard of review that we had to overcome, they did not close their eyes to the blatant inaction on the part of the prosecutors and the gravity of Mr. Cook's situation. I, and many others, put many long hours into this case, and I'm glad to see it paid off. But nothing compares to the time Mr. Cook had to do because of this injustice, and I wish him the best in the future." (Ms. Feldkamp is an Associate at Fisher, Patterson, Saylor & Smith.)
