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4.21.2009

Trial Notes From Today

  • Not an actual photo, but it's close.
  • The trial was a DWI case that I thought I had a huge chance of winning
  • It involved a one vehicle wreck which wasn't a good start.
  • The first three witnesses on the scene, who were also the first three people to testify, said the driver readily answered their questions, he didn't smell of alcohol, and they had no reason to tell the arriving trooper there was anything wrong or unusual with the driver.
  • They also testified the wreck occurred on a stretch of road that just had a new layer of "large gravel" placed down upon it.
  • That's a good start.
  • The case got sidetracked when the trooper testified about something he shouldn't have after being instructed not to. It was really a matter of semantics, and I don't think he meant to say what he did. But we had a little chaos for a moment.
  • The judge was forced to declare a mistrial and even though the prosecution could retry the case, I doubt they will.
  • I had a misspelling in my Power Point presentation during jury selection that one of the jurors pointed out by saying (while looking at the screen), "I don't know what that sentence means?"
  • I told her that being corrected on my spelling is a "daily occurrence in my life." The judge, a frequent blog reader, laughed out loud.
  • Your new assistant county attorney who was in charge of the case did a good job. (No, I'm not just sucking up.)
  • For the first time ever, I asked the panel what they thought about the statement, "It's better that 10 guilty men go free than one innocent man be convicted." Most agreed.
  • Trials wear me out.
  • I'm doing all this again on a different DWI case on Thursday.
  • Someone might challenge me, but I bet I have tried more DWI cases than anyone else in the history of Wise County.
  • And I still get extremely nervous.
  • I always wear a shade of yellow tie on the first day of trial.

21 comments:

Anonymous said...

I bet you look good in a yellow tie. What's your position on same sex marriage?...Oh, to hell with that, what's your favorite position???

Double Fake Perez Hilton

Anonymous said...

Conservatives would rather see 999 innocent men go to prison than risk 1 guilty man going free. It is that "conservative" mindset. Same way on welfare. They would rather have 99 families that really need help be denied than risk one family that is cheating get it. But they are generous sorta when the collection plate rolls around on Sundays when praising God.

Anonymous said...

Do not under estimate yourself....you are a HUGE suck-up!





Triple Fake Barry's life partner

Anonymous said...

I find that argument is rendered exponentially more difficult when counsel has his back to the Court.

Anonymous said...

11:23 So, you're saying you would rather have 3000 people or more killed by terrorist on U.S. soil than have a number of terrorist get the "water-board" treatment? Aaahh and you think Republicans are messed up?

Jeez, get a grip!

Anonymous said...

Barry, I like your legal thinking. Will call you on my next felony charge. (that's a joke - I have not been caught as of yet)

My Other Brother Darryl

Anonymous said...

7:10, that is a stupid statement. One does not have any connection to the other. And water-boarding is very illegal and goes against everything that our country has stood for. Torture puts all of our troupes in danger. I can understand the Republicans thinking that it is ok. They think that people are expendable as long as they can pass the benefits along to their wealthy buddies.

Anonymous said...

But then, you're probably used to hearing judges laugh out loud at things you say in court! HAW HAW

Anonymous said...

O.K. let's make all northern states blue for libs only, southern states red for conservatives only and bury the fags anywhere we want to. Double Fake Late Great Jerry Falwell

Anonymous said...

I agree; 7:10 is an idiot. Why would anyone in their right mind rather an innocent man go to jail than let 9 guilty go free? If they were the innocent man, I imagine their position would change. God save the defense attorneys, as they're the ones who protect us from Big Bro and the men in blue doing whatever they choose to us, both the guilty and the innocent!

Fast Eddie said...

As someone who leans to the conservative side, I would rather 10 guilty go free than one innocent go to jail. However, I would hope that we could do better than that.

Anonymous said...

8:54 and 9:31 BLAH!! BLAH!! BLAH!! BLAH!! BLAH!!

It was strictly stated as such because of the stupid comment made by 11:23. They made it sound as if all Repubs are guilty of this and there was not one liberal Democrat involved. Example, Nancy Pelosi was fully advised of the Water-Boarding, prior to it taking place, just look into it and the next time you call someone an idiot look in the mirror.

Anonymous said...

Does the yellow mean something or is it just your lucky color?

Anonymous said...

8:54 ask a marine if they've ever been waterboarded. And, while your at it, go ahead and ask someone in the military. If it's illegal as you state then why is the US using this as part of their training for marines and army personel?

Stupid Democrats

Anonymous said...

its only illegal if your george bush. in fact every thing he did was illegal..... i hate him....i hate him....I HATE HIM!!!!!!!!!.

God help us.

Anonymous said...

mercy, such ardent passion directed towards someone you have absolutely no control over. perhaps you need to seek xanax or something!

Anonymous said...

its only illegal if your a democrat. in fact every thing you do is illegal..... i hate you....i hate you....I HATE YOU!!!!!!!!!.

God help us.

wordkyle said...

Apparently waterboarding saved Los Angeles. Once.

Anonymous said...

I went waterboarding on Lake B'port once...I got so much water up my nose, I gained 20 lbs, and peed baby crappie for 6 months.

Double Fake Rollins Bilby

Anonymous said...

If WordKyle,710, for sure 1151, and 240 was waterboarded and made to say they loved Bill Clinton and Barak Obama and Republicans suck, it would be torture. If WordKyle and the rest held on to their Republican Conservative values and refused, it would not be torture. So lets find out. 240, Were those marines waterboarded 183 times? Would you like to be waterboarded 183 times? Waterboarded to the point of passing out from drowning simulation? College prank like Limbaugh would think it was? If it is not torture, have it done to you and prove your point. Write an article or post here about your pleasant experiences about being waterboarded. Republicans are such miserable souls anyway, they should have no trouble at all being waterboarded till they choke.

Anonymous said...

I don't think you have the most DWI's defended because I used to fear your partner weekly.