Posted by Randy Barnett:
Identical Twins & Reasonable Doubt:  
http://volokh.com/archives/archive_2009_03_22-2009_03_28.shtml#1238014611


   Eugene's post brought back memories. When I was in college, my
   grandfather and brother were victims of an armed robbery in my
   grandfather's tile store in Harvey, Illinois. During my first year of
   law school, the case went to trial. The defendant was acquitted when
   the defense produced the defendant's identical twin in court to cast
   doubt on the eyewitness identification. My brother had heard about the
   existence of a twin and tried to tell the prosecutor before trial, but
   he never got the chance in the rushed pretrial interview. Perhaps
   there was nothing the prosecutor could have done about this problem
   had he known in advance but, due to his inadequate witness
   preparation, he was prevented from taking any precautions by the fact
   he knew nothing about the twin until after the twin appeared in open
   court.
   The three most important values of lawyering: preparation,
   preparation, preparation.

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