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.

Supreme Court Boring Blog

I always get excited when the Supreme Court decides a criminal law case that could actually effect affect cases that I'm currently handling. So my law pants went crazy today when I saw the headline of "Supreme Court Limits Searches Of Cars." (<-----Note the period inside the quote.) But my joy, as so often the case on my typical Saturday night, was short lived. The court ruled that the cops don't get to search a vehicle if the only reason for the search is the arrest of the driver. This is called the "search incident to an arrest" exception to that little nuisance known as the Fourth Amendment. But that exception doesn't apply to automobiles any more. Does it really matter? No. The cops can still search a car, more or less, if:

1. They have probable cause to believe something illegal is in the car (i.e. "Boy, do I smell the Devil's lettuce?"),
2. As part of an "inventory search" if an arrest occurs (Note to Wise County cops: You guys normally do it wrong),
3. There is no arrest but the cops have a reason to "fear for their safety," or
4. A consent from the driver.

Edit: Hey, look what the Big Brains at the Texas District And County Attorneys wrote about the decision. I think they copied me!!! So what's the lesson today, kids? Don't keep dope in your car.

If You Ain't First

Random Tuesday Morning Thoughts

• The "remains of the day" is a cool phrase that is never actually used.
• There has to be a a great number of people that know beyond a doubt whether Bank of America and Citigroup will survive.
• Seeing some of the Columbine survivors, now 10 years older and young adults, was pretty inspiring.
• I had a friend call me on that day and tell me, "You have got to find a TV and watch this."
• I think this is horrific: 21 fancy polo horses drop dead in Florida.
• But there are few things more pretentious than polo.
• I had completely forgotten that tennis legend Monica Seles was stabbed by a fan while playing a match. (She's hawking a new book on TV and radio.)
• The Boston Marathon was yesterday and I have no idea who won. Let me guess: An Ethiopian?
• I'm getting serious about driving across the South this summer. (Which is dumb because it'll be the South in the freakin' summer.) But I've actually begun to research this potential disaster.
• Still one of my pet peeves: The media reporting someone was arrested "on suspicion of [insert crime]." If someone was only arrested on a "suspicion", and nothing more, that case won't be around very long.
• There is no question in my mind that Sean Hannity spends hours determining what the Right Wing wants to hear and then says it. He's so predictable.
• Hey, you guys want to see some more posts involving hot girls, religion, teacher sex scandals, sexual orientation and race?
• Good grief. How much money can be spent on the for/against campaign for the proposed city owned hotel in Dallas?
• USC Song Girls go swimming. All is right with the world.
• The more I watch that guy fainting on the Glenn Beck show, the more I laugh. His last word before he goes down is, "Gone." Good times.
• Good point I read: Fox News throws it's massive power behind promoting the Tea Parties and then calls them "grass roots" when they happen.
• Ted Nugent wasn't the lead vocalist on "Stranglehold."
• In the above sentence, is it correct to put the period inside the quotation mark?
• The famous point which connects four states: Utah, Colorado, Arizona, and New Mexico is in the wrong place by about two miles. I say "famous" although I've never even remotely thought about going there.
• A Southlake volleyball coach is caught getting very frisky in a public park. Shouldn't the cops just knock on the door and tell them to move along?
• My mom used to hang out the laundry on a clothesline. I just love that memory. Do people still do that?
• It might be a little slow around here today. I'll be in a DWI trial beginning at 8:30 a.m. --- wish me luck (Riiiiiiiiight.) I may try and do some updates on the Twitter thingy.

And Another

A faithful reader tells me I'm slipping in that there was a motorcycle wreck in Wise County this afternoon. (Although the Update makes reference to motorcycle "driver", we know it's technically motorcycle "rider".)

I'm No Music Historian . . .

. . . but I'm pretty sure one of these things does not belong here. Reunion was completed in 1980. (From Fox 4's web site.)

Monday Afternoon Pick Me Up

And once this girl hears that I, too, am a World Class Athlete (certainly she's heard the story of the "Bloody Sock Incident Of The 2009 Cowtown Half Marathon), I'm pretty sure I've got some summer wedding bells in my future.

Secret Footage Of Me Bustin' A Move As A Child

And I can still dance that well even to this day.

From Last Night

There are some reports that describe teh audience as "booing" after the answer. I don't think that's true. And that's a heck of question to ask a beauty contestant. I would rather she be asked why U.S. American's can't find the U.S., such as, on a map.

Economy Update

I've commissioned this artist's rendition of what Wise County Park will look like this summer if economic hard times cause people to stay close to home for vacation.

Random Monday Morning Thoughts

• In the Ranger's game yesterday, some player tipped a ball that dribbled about four inches in front of him. Ranger's play by play man Josh Lewin quickly said, "That's a peach, hon!" (A Caddyshack reference.)
• I saw a campy movie on cable this week called "Rx." Not bad.(Kids go to Mexico to get drugs. Situation goes horribly wrong.)
• Finally saw "Baby Mama" this weekend with Tina Fey. That was pretty funny.
• Final movie thought: Everyone keeps telling me to see "Seven Pounds."
• Oops, one more: I like it when people think they know me well enough to suggest movies to move. It also tells me a lot about them when they suggest something that there is no way I'd watch it.
• Local blogger writes about lost love. Very well done.
• As of last night: Miss USA 2009. Hey, now.
• Saturation Point for Susan Boyle: Exceeded.
• Did you see Hugo Chavez hand a book to Obama during a photo op? That would be a tense moment for anyone since the book could have been about anything.
• I think the local news channels underestimate the entertainment value of segments like "Whatever Happened To." I love that stuff.
• I refuse to watch anything involving Donald Trump.
• I snuck down to the Main Street Arts Festival for a bit this weekend. It is almost too crowded to enjoy.
• I saw one large funky painting that I liked so I looked for the price tag. Found it. $3,500. I walked away, dejected.
• Over the past few days, DPS completely changed its criminal history reports that cops use in the field. Except they forgot to tell the cops about it.
• Went through the self check-out line at the grocery store last night only to discover I left my wallet at home after I had scanned everything. Then I had to deal with a clerk who was like one of the characters out of "Idiocracy."

Another Twist

Probably limited interest on this, but if you are old enough to be familiar with the Cullen Davis trials in Tarrant County, there has been yet another odd twist involving hit late ex-wife, Priscilla.

Random Coolness

Trust me, if you want to see the most amazing slow motion ever in high def quality on your computer screen, go here. (Thanks, Alice.)

I Hope There Is More To This Story

The new Denton Police twitter feed is a little addicting. This poor girl was arrested in the middle of the night a few hours ago for speeding. Speeding? It's one of two traffic violations you cannot be arrested for in Texas. The other is "Open Container."

"I can't think about that right now. If I do, I'll go crazy. I'll think about that tomorrow. "

OK, we all know that Gov. Perry suggested that Texas could secede from the United States, and we all know that's not going to happen. But I'm very confused by an article from the great Bud Kennedy of the Star Telegram and a blog post by the Texas Monthly (with the brilliant name of "Secessional Healing") that argue Texas can't secede because the U.S. Constitution says that it can't. Huh? Taken to its extreme yet logical conclusion: We all pick up our guns and tell the United States, "We're through! We're forming our own Republic once again!" And then we'd all do an about face and go sheepishly into the night after the U.S. replies, "You can't do that. That's against the law!" ?

"Because Everyone Needs And Excuse To Get Out Of Gym Class"

"I've Got A Feeling ..."

The Ticket talked about this gal the other day, and I've seen at least two other people write about her since then. She is Camille Cortinas. Her current claim to fame? She's the voice behind the kidnapping-of-the-mind song, "Lucky Day", which promotes the Texas Lottery. You can find a quick loading link to the song here. But I promise you, if you listen to it, it will be struck in your brain pan for the rest of the day. Or longer.

Pressing Question From Email Bag

Dear Mr. Green - Purveyor of Trust and Justice:* Have all McDonalds always charged a 50 cent dine in TAX on their orders? First time I noticed it yesterday when I stopped in Decatur for a quick snack.I guess they get your money one way or the other. Considering I haven't been inside a McDonald's in 15 years, I have no idea. But the masses must know the answer. ___________ * Ok, that part was made up Wow, a receipt was sent to me: