Well my trial is over, and my client will be going to prison. We have two excellent appeal issues so I may get to try it again. We're having our hearing on my last murder case that we discovered juror misconduct. I hope the hearing goes well for my client's sake.
Well I'm going into my sixth day of trial. We will close this morning. Thursday night I was just beat. It had already been a long week and like every trial there were ups and downs. I went home that night to a house with no bread no trash bags in other words in desperate need to be restocked. I said the hell with it and went to the local burger stand. The burger hop came out to bring me my food. She had the biggest smile on and was courteous. Yes it surprised me. In this day and time you don't get service unless you go somewhere and pay for it. She came up and gave my food and told me I look familiar. I told her that she looked familiar just to be nice too. She then she asked if I was her probation officer? I said no, I had never had that position but I was an attorney. She then asked if my name was Janet _____? I said yes, she then informed me she was in a half way house and this was her first job and she had had no write ups and thanked me for always treating her like a human and she really looked up to me. I will never be able to express how much I needed that. I have the receipt taped to my dash just to remind me why I'm doing this.
OH YES! its that time of year again. It's St. Patrick's Day/Birthday weekend. I love my birthday. I'll be 83 one day and as excited about my birthday as I was at 8. What's not to love i've made it another revolution around the sun (great song Jimmy), and i'm healthy and have great friends and family. Chrissy and I went out after work last night to have a few beverages to plan not only friday but to practice our intake methods to prepare for the green beer. The town/city, we live in goes all out when it comes to St. Patrick's Day. The problem is where to begin and where to end. We have some great Irish pubs here that go all out on dancers and bands. It does help that Chrissy and I play up the birthday angle so we get free drinks and stuff. I also appreciate that no planning is required for a birthday celebration. What a better way to spend a weekend before a murder case. Have a great weekend and be safe!!!
I had a murder trial a while ago that I ended up finding out that juror misconduct occurred. I filed my motion and have turned over the affidavit to the Judge and the district attorney. I have now a date certain for the actual hearing and the Judge did the right thing my passing sentencing so my client still has a chance. Juror misconduct happens a lot and 99 % of the time you don't figure it out or have no proof. My client as all clients deserve a trial based only on the facts in the courtroom not a redneck who thinks he can tell the little lady all about guns. Okay, I'm still trying to get over the bitterness. Knowing my propensities, I've brought on an appellate attorney to handle the motion hearing. When in an office of seasoned veterans why would you not call on the expertise of others who have already traveled down the road?
The 'Incarcerated' section of your local Hallmark Card store is probably pretty small. Brenda Guiden thought so, too, so she started up her own business, "Prison Expressions" The cards run from the humorous to the lovingly stern to "I miss you."
Am I going to hell for thinking "clip art and cliché"? But then again, 98% of the stuff at Hallmark is both sterile and mawkish at the same time; these cards at least seem to have some feeling behind them. I hope quality comes up as the business gets going.
"The Court cannot determine the substance, if any, of the Defendant's legal argument, nor can the Court even ascertain the relief that the Defendant is requesting. The Defendant's motion is accordingly denied for being incomprehensible.1"
Deciphering motions like the one presented here wastes valuable chamber staff time, and invites this kind of footnote.
Fact Pattern: Driver and Shooter come over to Client's house and have an argument with him and threaten him. Client calls their bluff, and tells them they'd better have a gun next time.
Driver and Shooter come back to Client's house, Shooter has a gun. Shooter fires a couple shots at Client's house. The shots miss Client, but one shot strikes and kills Client's brother. There are no other witnesses.
Shooter is charged with Murder 1, Driver is charged with accessory after the fact (he was driving) and Client is picked up on outstanding warrants.
You represent Client on the outstanding warrant cases. The DA wants to talk with Client about the Murder. Client is OK with that and you attend the meeting with him. You and the DA find out that [generally, a) Driver is very strongly inculpated in the Murder and b) Shooter's culpability is strongly mitigated].
1. If the DA does not tell counsel for Driver and (particularly) Shooter about the conversation, do you tell/ may you tell Shooter and Driver's counsel about the conversation?
2. Is there a difference if you ask Client if you can talk to Shooter's and Driver's lawyers about the conversation and Client says, "No"?
3. What if the DA's argument at trial directly contradicts what Client said about Shooter?
If there's anyone still reading, I'll update with everyone's + my answers later in the week.
Klungo promises the next post will be law-related, honest!
Look what was waiting for me when I got home last night!
This pic is from this morning, at 12 hours old.