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I respectfully dissent

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My blog and welcome to it.

Random thoughts, ramblings and rants about things legal, illegal, tortious, outrageous and otherwise.

Tuesday, July 31, 2007

People who like laws or sausages should never watch Michael Decker take a sponge bath under the legislative building
There is always a nadir.  I have watched North Carolina political scandals for most of my adult life, from Jimmy Green, to Rufus Edmisten, to Meg Scott Phipps, the lottery.  The North Carolina Department of Transportation has never gone more than a month or two without some type of graft (it has gotten to the point where citizens should be grateful that DOT employees are simply being rude to them rather than taking payoffs).
 
In listening to Jim Black testify at his sentencing in Raleigh today, I believe I heard the nadir.  Black testified that he gave representative Michael Decker $10,000 in the hope that Decker would stop living in his van and taking spongebaths under the Legislative building during sessions.
 
Maybe Decker just bought a nicer sponge.
Tue, July 31, 2007 | link

Friday, July 27, 2007

Days late and dollars short
 
The contempt case ex-Durham DA Mike Nifong reminds me of the Soviet Union's declaration of war against Japan after the nuclear bombings.  The whole fiasco played out under the noses of  judges, who are suddenly shocked, shocked! to find there were shenanigans going on. 
It should come as no shock that the contempt hearing was continued (again) to August 30.
Fri, July 27, 2007 | link

Thursday, July 26, 2007

A gross waste of public resources
Taxpayers paid a prosecutor, defense attorney, judge, bailiffs and 12 jurors to sit through this.
Just because you can prosecute someone does not mean you should.
What is newsworthy about the guy's mugshot?
Thu, July 26, 2007 | link

Monday, July 23, 2007

An troublesome hand-me-down
For the past several weeks I have been dealing with a particularly difficult client. He arrived under the typical red flag, his previous court-appointed lawyer had been allowed to withdraw and I was appointed in his place. I’m not going to get into the details of the case, but the biggest weakness in the State’s case is the fact that the identification of my client as the perp occurred from 125 feet away. This is a better “reasonable doubt” defense than I have had in any of the cases I have tried this year.

What makes him difficult is that he obsesses over irrelevant facts and is dumb as a box of rocks. He sends me page after page of letters filled with legal research he has copied from the law books at the jail. None of it remotely applies to his case. He gets angry with me for refusing to file motions based on his research. I am angry with him for being such an annoying ass. I’ve found myself thinking, maybe this guy is so dumb that I can’t be of any help to him. His personality is so obnoxious that I am not enthusiastic about helping him The contrarian part of me responds that he can’t help the fact that he is ignorant and his obnoxiousness probably stems in part from some kind of mental illness. Given his age I am unlikely to be able to persuade him to change his behavior. Finding the point between not wanting to tolerate bad behavior and understanding that he does not (and probably cannot) see the world as I do is tough.

If he would sit still and be quiet during his trial, we’d have a shot at acquittal. But he won’t do that. He’ll shake his head during the testimony, shift in his seat, and constantly badger me with questions and comments during the trial, all things that will distract me from doing my job.

If I was in another line of work, I’d quit working for him. But criminal defense attorneys cannot stop working for a client without permission from the court. Since this guy has already switched attorneys once no judge is going to permit him to do it again, I’m stuck with him, just like he is stuck with me.
Mon, July 23, 2007 | link

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 "The world breaks everyone and afterward many are strong at the broken places.  But those that will not break, it kills.  It kills the very good and the very gentle and the very brave impartially.  If you are none of these you can be sure that it will kill you too but there will be no special hurry."
-Ernest Hemmingway

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