The Official "Good Morning" Thread

[CathyCA]

Good morning!

[lawgrad91]

Harrumph.

The weather in Seattle today is sunny and 76.

[Bob Green]

Good morning.

[OZZIE4DUKE]

Good morning.

[IowaDevil]

Good morning all!

[lawgrad91]

Harrumph.

1229, for those of you scoring at home.

[Very Duke Blue]

Good morning.

[DevilWearsPrada2.0]

Good Morning!!!!

[OZZIE4DUKE]

Good morning.

[CathyCA]

Good morning.

Christian flies back from California today.

[CameronBornAndBred]

Good morning, I'm sleepy.

[Very Duke Blue]

Good morning.

Christian flies back from California today.

Safe travels. Hugs to Christian.

[Very Duke Blue]

Good morning. Another beautiful day.

[lawgrad91]

Harrumph.

Yesterday I had a motions hearing with an elderly defense attorney. He has always been a thorn in the side of anyone opposed to him, sometimes to the detriment of his client, but as he has aged, he has gotten worse. (After it was all over, the judge said, "I love [name deleted], but he is a pain in the ass.")

We have an ethical responsibility to turn over certain items to defense counsel, including statements of defendants. It's strict liability; if an officer knew something but didn't tell us so we didn't tell the defense, we can nonetheless get in trouble when the information is found out. "Getting in trouble" can mean as much as losing one's bar license, and the people that oversee this typically have no idea what really goes on in the law and have only seen the inside of a courtroom while watching Court TV. Also, a violation of that responsibility can be grounds for a contempt citation with the Court, because it is violating an order of the Court.

In this case, the statement of the defendant is on video. The officer makes me a copy of the DVD. Shannon, our secretary in charge of these things, makes a copy of our DVD, using a duplicator and gives it to the defense attorney.

Defense attorney tells the court that he wants to suppress his client's statement because the officer neglected to check a box on the Miranda form. (You know Miranda: you have the right to remain silent, etc., etc., etc.), and that he can't understand what is on the video. I tell the court that the reading of the rights is on the video, and since the attorney can't understand what is on the video, any motion as to what was on the video was premature.

Defense attorney tells the court, oh, no, it's not that I don't understand what is on the video, I can't say that the video the Commonwealth gave me is the same video that they plan to use with the jury. Said statement, taken to its conclusion, alleges that I am violating the order of the Court and my ethical responsibility to do justice. In the sixteen and a half years I have been here, no one has ever accused me of any ethical violation, and I believe most defense counsel will tell you I am one of the more fair and reasonable attorneys that they deal with. So I took umbrage. Less umbrage than I showed to the court, but umbrage nonetheless.

I pounded the table. I said I bristled at the suggestion I did something unethical. it was my bar license on the line. I said the office had never been accused of doing such a thing. I beat my chest. (Literally. My upper chest, above the girls.) Finally, in a closing gesture, I said if defense counsel was so concerned that he wasn't getting the same video I had, he could have mine. Took mine out of its sleeve in my notebook, grabbed the sticky note that said how to open the video, stuck it on top of the DVD, and tossed it like a Frisbee from my table to defense counsel's pile of paperwork. Not a terrifically long toss, but it stuck the landing.

I'm sure it would have made good television, but there is no video in the courtrooms, and I doubt the transcription would do it justice.

[lawgrad91]

Good morning.

Christian flies back from California today.

Vibes and prayers for safe travels for Christian!

[CameronBornAndBred]

I'm sure it would have made good television, but there is no video in the courtrooms, and I doubt the transcription would do it justice.

Oooh! Good stuff!

[CathyCA]

I pounded the table. I said I bristled at the suggestion I did something unethical. it was my bar license on the line. I said the office had never been accused of doing such a thing. I beat my chest. (Literally. My upper chest, above the girls.) Finally, in a closing gesture, I said if defense counsel was so concerned that he wasn't getting the same video I had, he could have mine. Took mine out of its sleeve in my notebook, grabbed the sticky note that said how to open the video, stuck it on top of the DVD, and tossed it like a Frisbee from my table to defense counsel's pile of paperwork. Not a terrifically long toss, but it stuck the landing.

Excellent! It will make a good chapter in your book, too.

Does your chief circuit court judge know about this attorney? Is it time to retire him? Report him to the state bar?

This attorney didn't do his client any favors by pissing off the prosecutor. That was a dumbass move.

[lawgrad91]

I pounded the table. I said I bristled at the suggestion I did something unethical. it was my bar license on the line. I said the office had never been accused of doing such a thing. I beat my chest. (Literally. My upper chest, above the girls.) Finally, in a closing gesture, I said if defense counsel was so concerned that he wasn't getting the same video I had, he could have mine. Took mine out of its sleeve in my notebook, grabbed the sticky note that said how to open the video, stuck it on top of the DVD, and tossed it like a Frisbee from my table to defense counsel's pile of paperwork. Not a terrifically long toss, but it stuck the landing.

Excellent! It will make a good chapter in your book, too.

Does your chief circuit court judge know about this attorney? Is it time to retire him? Report him to the state bar?

This attorney didn't do his client any favors by pissing off the prosecutor. That was a dumbass move.

The presiding judge was the chief judge of the circuit. No one wants to report anyone to the bar, but it may end up happening.

Not sure why he should want to piss me off. My performance might not be on videotape, but his client shooting the guy is, from the surveillance camera at the trucking company across the street.

[DevilWearsPrada2.0]

Good Morning!!!!

[Very Duke Blue]

I'm sure it would have made good television, but there is no video in the courtrooms, and I doubt the transcription would do it justice.

Oooh! Good stuff!

Yup, very good stuff.