Wednesday, May 25, 2011

Success is counted sweetest by those who ne'er succeed

I lost a sentencing motion today.  I worked super hard on it, as did a member of my support staff.  I even put together a powerpoint presentation to correspond w/ my verbal argument to the court  (and it took me roughly 6-8 hours to put the presentation together because I really don't know how to do powerpoint and kind of had to teach myself as a I went along).  But, in the end, the court did not agree with our recommendations, so we lost the motion. 


Despite the fact that we lost, I can take some consolation in the fact that I had people tell me that I did a really good job on the hearing.  Considering that in most of my court hearings, I'm always wondering if I sound like a total moron (it's that whole public speaking thing that can be a bit unnerving, even when your job requires you to do it every day), it was nice to hear that people thought I did well.  The court clerk told me I did an excellent job, another defense attorney in the courtroom told me afterwards that it was "hands down the best departure motion" she'd ever seen, and even the prosecutor told me afterwards that my powerpoint was really good.  So, at least I know that I did everything I could and the presentation of the motion was strong.  The court didn't agree with what we were requesting, but I did feel like the judge listened to the arguments and considered them and that's really all either side can ask for. 


Well, you can't win 'em all, and thankfully, for our side of things, you can't lose 'em all, either.  And as Emily Dickinson  so aptly stated, "Success is counted sweetest by those who ne'er succeed." 


Success is counted sweetest
By those who ne'er succeed
To comprehend a nectar
Requires sorest need. 

Not one of all the purple host
Who took the flag today
Can tell the definition
So clear, of victory!

As he, defeated, dying,
On whose forbidden ear
The distant strains of triumph
Burst agonized and clear!

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