Technology moves faster than the law

Lost my trial last week.  I wasn't particularly surprised by the verdict, but of course, I was disappointed.  As always.  Losing sucks, even if it isn't a surprise.  But, it was good to get back into the courtroom to do a trial, since it's been over a year since I've done a jury trial and my last trial (just in front of the judge) was in September of last year.  So, it's been awhile, which made it nice to get back in there and do another trial again.  Can't let my trial skillz get all rusty and out of use. 

In other news, there's some interesting stuff going on in the legal world recently.  The most interesting one, which I'm a bit late to comment on, is that SCOTUS agreed in January to hear two cases regarding the police's ability to search through a cellphone without a warrant when they arrest a suspect.  One case, Riley v. California, involves a smartphone; the other case deals with a flip phone and I think is probably less important in the grand scheme of things than the Riley case, since flip phones will likely not be around for too much longer, but smartphones and/or similar technology will be in the hands of more Americans as we move forward. 

So, let's discuss this case, searches incident to arrests, and why the decision that SCOTUS makes in this case is going to be extremely important for every citizen in the nation. 

And now, we wait...

Waiting for the verdict. It's the worst part of trial ever...

Trial starts tomorrow

I start a trial tomorrow. I haven't actually tried a case since last October, so I am excited to get back into the courtroom & throw down again. Trials are very stressful but they also can be very exhilarating. It's the ultimate in lawyering. It's my own personal Law & Order episode. It's when I get to be on stage & have the courtroom's attention. And it's when it becomes even more apparent to me that my clients' lives & futures are in my hands.

They always are, of course, but once we get to trial, the client is basically just along for the ride. They want a trial & then it's on me to do the work. The client doesn't make opening & closing statements. The client doesn't cross-examine witnesses. The client doesn't make objections. That's all on me. One error, one oversight, & I could mess up a possible appeal issue or overlook inadmissible evidence. That's all on me. The client is relying on me to fight, and fight hard, to win the case. The client can only sit & watch while I do the work & can only hope & pray I do it right. I cannot imagine how powerless that must make someone feel. It's an enormous responsibility we as defense attorneys are given & I try to always remember that.

I can't even understand how a client feels after a verdict. I am either horribly crushed & sick or I am over-the-moon elated & my feet don't even seem to be on the ground. And it isn't even me who deals w/ the outcome. After a verdict is read in any case, no matter how big or small, no matter win or lose, I go back to the office & get back to work. I go home & eat dinner. I get to watch some tv & cuddle with my cats & go to sleep in my own bed. A verdict will never affect my life other than on an emotional level. But clients face the consequences, good or bad, of a verdict. So if I am that crushed or that elated about a verdict, I can't even imagine what a client must feel.

That's why I do essentially nothing but trial during a trial. My life outside of work comes to a halt & every moment is spent on trial work. Because at the end of the day, at the end of a trial, I always go home. And if my clients don't get to do that, I want to know I did everything I could & put everything I had into that trial, regardless of the verdict. If I don't know that, I would never be able to live with myself.

So, tomorrow I start another courtroom battle. I take on the awesome & overwhelming responsibility of fighting for someone who can't fight for themselves. Tomorrow, I have my client's life & future in my hands.

Let's get ready to rumble.

Protecting the Innocent Ones

So, I happened to stumble across this post that talks about the often-asked question that many defense attorneys get ("How do you defend someone you know is guilty?") and contrasts it with the more difficult question: "How do you defend someone you know is innocent?"

The truth is, as a defense attorney, there's nothing that causes me more anxiety, fear, and dread than the client who is actually, 100%, absolutely innocent.

Awesome

Not guilty.
My two favorite words.

Ninja!

I just wrapped up my third trial this summer with the same client. I had one in June, one in July, and one in August. I don't honestly know how I have been doing it, but it's getting done. Although not much else is getting done... I have been in a constant state of catch-up this summer.  This is my Year of the Trial.  I'm starting to wonder if I will end up winning the "Most Jury Trials of 2012" award this year at our annual PD meeting.
At the rate I'm going, I'm either going to be a kick-ass, super experienced trial ninja or I'll be in a persistent vegetative state after my brain turns to complete mush.

Life in bullet format

The apt is coming along slowly but surely. I get a little bit unpacked here and there as much as I can. It has been difficult to find time, but I try to do a little each day so at least something is getting done. I wish it would just magically be finished but oh well. I'm sure I will get everything unpacked about ten weeks before I have to move again.
Other events lately:
• Had my fifth trial this year. Lost. I'm on pace to have the most trials this year that I've ever had.
• YKW has been confusing and odd lately. First there was the recent statement from him that he likes talking to me and didn't ever really think about not talking with me (except for that time in December he told me not to talk to him...).  Now he has says that we may potentially hang out in the future and he doesn't see why not.  Really? I'm starting to be concerned that perhaps he has suffered some kind of traumatic brain injury since we separated, as I can think of about 9 months' worth of reasons why not. So, I don't know what that is all about. I find the whole thing rather stressful so I'm just going to continue to ignore it.
• I'm going camping in August. I'm excited. It's been like 3 yrs since I've gone camping, so it should be a nice time.
Yep, that's all I have for now.

Crap

Guilty.
Sonofabitch.

I'm tired

I'm in the middle of a trial this week.
I'm pooped and it's only Tuesday. Whew...
If anyone invents a 30 hour day, please let me know. I could use the extra time.

Trial #3 tomorrow

Trial number 3 for 2012 starts tomorrow.  It's a misdemeanor DWI case.  I think it will be relatively quick, which is the benefit of misdemeanor trials.  They tend to be much shorter in duration than felony trials.  And there are only 6 people on the jury, which means jury selection is faster, too.  


I think I'm on track to outpace the number of trials I had in all of last year.  It's only April and I'm already at #3 for the year.  I had three total in all of last year.  So, if in the next 8 months I have another trial (which I definitely will, since I've got a number of cases that are on track for trial), then I beat all of last year's trial record.  Whew...


I've also definitely outpaced the contested omnibus hearings from last year.  Last year I had three of them.  This year, I've already had six, with two more still scheduled for this month. 


I'm a contesting-things machine lately.  

I'm going to pass out at this rate

I'm the #2 case for trial next week and the #1 case is going to resolve. That will mean I'm in my third felony trial in four weeks. Talk about burn-out...

Trial #2

Half win.
Not guilty on the domestic assault by strangulation. Guilty on the domestic assault. So, I'm at 3 1/2 out of 5 on felony trials. 70% win rate at felony trials. Not too shabby.
However my brain has officially turned to mush now. I'm so fried I'm barely able to remember how to walk.

They Must Be Trying to Make Me Quit

Yesterday I got an email with the trial order for next week.
I'm the #1 and #2 trials.
There. Is. No. Way.
I haven't seen my office in a week and a half. I haven't answered any phone calls or gotten to stuff in my inbox. I haven't even looked at the two files on for trial next week in some time. There is no way I will be prepared for trial next week.
Isn't there some rule against being in three separate trials in three weeks? There should be.
I'm so burnt out and I'm still not done with this week's trial.

Second Trial of 2012

Starts tomorrow...apparently, I never want to get to that enormous pile of stuff that has been sitting in my inbox since I got back from vacation and that has only grown more and more overwhelming while I've been in trial last week.  


I'm in trial again this week.  Sigggghhhh....


Different client.  Different judge.  Same prosecutor (both she and I are going to be very tired ladies at the end of this week). 


Not only is it only January and I will have knocked out 2 jury trials already, but this is my first back to back jury trial experience.  I'm not going to lie, I'm not looking forward to it.  However, I am grateful that I won the last one, because otherwise that would have made it really hard to gear up for yet another one.

I won! (Again!)

I'm getting good at this...

In Grueling News...

Although I'm still not done with my current trial, I've found out that I'm the #1 case for next week's trial calendar, on another case! Back to back jury trials? Please kill me... I'm going to be a zombie by the end of next week.

Shopping is clearly the best response

So our judges sometimes give the jury a survey after trials are over, to assess the attorneys and stuff. I hate these things. In the two juries I've had fill them out, a jury member commented on my appearance as the thing they liked the least about me. I was incredibly offended. One said I should have dressed more professionally, despite the fact that I wore a business suit every day.  Wtf? What am I supposed to wear, a ball gown?
First off, I know how to dress professionally and appropriately for court. Second off, although I dress a little more flashy for routine court appearances, since the judges and court staff and other attorneys are familiar enough with me that they aren't surprised if I show up with hot pink eyeshadow or giant earrings, I dress conservatively for jury trials. Neutral make-up, low-key colors, etc. So, it's not like I dress like a freak.
Third off, how is telling me you don't like my appearance constructive at all?
Fourth off, I doubt male attorneys get comments like that...
So, naturally, I am now all self-conscious and worried about how I look. Which necessitated a trip to the mall today to get myself some new work clothes.  And maybe I found an adorable pair of kitten heels that I also had to get because they were only $10!

Ready, set, TRIAL!

Day one of my first trial of 2012 starts this afternoon.  Game face on!
In case you were wondering, my current trial pump-up song  is "I Need a Hero" by Bonnie Tyler. Look it up!

First trial of 2012

I start another trial on Monday. Oddly enough, the client in this trial is the same client as my last trial. He had two cases pending and he just happened to have his cases actually make it to the top of the trial calendar one right after the other. So, we are going to trial on the other file starting on Monday.
I'm going to be exceptionally far behind on things after this trial. I still haven't caught up from being gone for vacation and now I will be gone for trial, as well. So I am going to be super crazy back-logged. Sigh...I'm not looking forward to that pile-up. But that's what happens, I guess.
And of course, I get to work over the weekend now to prep the case for trial since I've had basically zero time to be in my office since getting back. Woo-hoo. Oh well, it is what it is.
I'm just hoping that this trial goes better than the last trial, which we lost (and I was pretty surprised by that loss, actually). So fingers crossed that this one will be a winner!

Down to .666 average and other news

Well, I lost my most recent felony trial.  That sucked a lot, especially because I thought we had a really good case.  I was pretty disappointed when we lost and was in a foul mood for the rest of the day and into the next one, as well.  The only good part about the whole thing is that I know for certain that my client felt like he had good representation during his case.  I know this because he told me.  After my closing argument, I sat back down and he leaned over and said, "Guilty or not guilty, you did a great job.  I just wanted you to know that."  And then after we got the verdict, he said, "It sucks, but you did the best you could do and that's all I can ask for.  I have no complaints--you're the best lawyer I've ever had and I've had lots of public pretenders in the past."  So, while losing the trial really, really sucked and I was really disappointed, I took some solace in the knowledge that my client knew I'd put my all into it and that there was really nothing more I could do--no second guessing that if I'd only done this or that, then maybe the jury would have acquitted.