Every street light has kicked on.
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11.21.2011
I Understand Rain -- But It Is As Dark As Midnight In Decatur at 4:30 PM
Every street light has kicked on.
Tarrant County Verdict
More.
It's a little tricky, but in Texas passing a counterfeit bill falls under the "Forgery" statute, and it is a Third Degree Felony carrying 2 to 10 years. The only way you can get to 80 years is if he had been "enhanced" with two prison stints in his past (that occurred at different times.) Throw in some pending thefts, and he's not a very sympathetic character. But 80 years? Sheesh.
Most stories on this say he will be eligible for parole in 15 years. Actually, he'll be eligible once his real time and his good conduct time equals 15 years. Edit: The statute reads 1/4 of his sentence or 15 years, whichever is less.
(But I'm more surprised you can buy two hot dogs, two cokes, and popcorn for $20 in a theater. The prices are normally the crime that is being committed.)
How's That "Arab Spring" Working Out For Them?
I read earlier there were up to 30 dead from this weekend.
Why The NFL Will Never Match College Football
I don't follow Iowa State, but that marginal team beat #2 Oklahoma State on Friday night.
This is their post game celebration. Wait for the water.
Two years ago, when the Dallas Cowboys lost their last game of the year to Philadelphia, Tank Johnson walked into the locker room and yelled, "I'm a free agent, baby!" My interest had been hanging on by a thread up until that point and if it weren't for Fantasy Football, I'm not sure I'd watch at all.
Does This Look Like . . .
. . . a guy from New York who hit a cop car and was arrested for DWI? Applying that "presumption of evidence" constitutional right to him is off to a rocky start.
Random Monday Morning Thoughts
- Christina at AMA's last night. JLo almost needed more clothes.
- I like Best Buy but they've got a "we've upgraded this computer and selling it for $100 more than advertised"scam that is shameful. More later.
- It may be Thanksgiving week to you but it is JFK Conspiracy Week to Mrs. LL.
- Michelle Obama makes an appearance at NASCAR and is booed. One fan tweeted to clear up any confusion: "It is not racial - Michelle #Obama is scorned by #Nascar fans because her husband is a job-killer socialist."
- The new Twilight movie made $140 million this weekend. Chicks love vampires.
- I'm still upset about my trial from last week. I expected to win that. I should have won that.
- Insane story: A transgendered fake doctor is arrested for buttock enhancement treatment of a Miami woman using cement and fix-a-flat. And you won't believe her full length book in photo. (Cue Sir Mix-A-Lot.)
- Cowboy game thought: "Icing the kicker" is the dumbest thing ever, but the Redskins calling a timeout kept Tony Romo from being crucified in the media today. (Seconds later, Romo attempted to call a timeout when Dallas didn't have any which would have led to a 15 yard penalty.)
- Mrs. LL received an innocent injury this week which, by its appearance, will have every battered woman's advocate suspiciously cocking an eyebrow at me. Great.
- Basic criminal law: A person incarcerated on a new felony case who cannot make bail must be indicted within 90 days or he is entitled to be released on his own personal recognizance. The Fort Bend DA is getting roasted for screwing that up in a murder case.
- A University of California policeman is on official leave after casually pepper spraying a row of sitting protestors. (Pic). Which has already led to comedy photo-shop.
- The Bridgeport High School student learned the hard way that you are an adult for purposes of criminal charges when you turn 17.
- Death: A Seattle Mariner stabbed to death, and a University of Arkansas player found dead in his dorm room.
- And a 29 year old female from Boyd is listed in the Update's obituaries this morning. Anyone?
- We've found the dumbest person in the metroplex: Windy Lawrence (and her mother and "young daughter") are camping outside of a Best Buy in Mesquite in anticipation of "Black Friday."
11.19.2011
11.18.2011
Video Game "NCAA Football 12" Must Have Been Psychic
Description of game when Penn State comes to town. Game was released in the summer but that caption has apparently been there for years. Source.
When I Lose, I Admit That I Lose
The DWI trial just ended in a guilty verdict, and it didn't take long. I feel like I'm the only one shocked.
Basic facts: It all starts at a convenience store in Boyd around 1:00 a.m. My client buys a coke and cigarette and, as she leaves, the clerk turns to three cops standing around and says, "Did you smell alcohol?". (The clerk will testify that it was just an observation and "never thought she would end up being arrested." She said it was the perfume that got her attention with an underlying scent of alcohol.) A Boyd cop follows her for about a half of a mile and stops her for speeding (36 in a 20.) There were multiple turns with no traffic violations along the way.
The toughest part for me (post verdict) are the field sobriety tests. She did fantastic. Although the officer detected some clues and thought he had probable cause for an arrest, the prosecutor would have to concede that the jury could not convict based solely on the tape. It was that good. The State's expert in breath testing, amazingly, said she performed "very well."
At the Sheriff's office, she agreed to provide a sample of her breath and the results of the two tests were .203 and .202. (The legal limit is. 08). That makes no sense to me. I've seen hundreds of videos of field sobriety tests, and compared them to the breath test results. She should have been hammered on the video. Note: This is a DWI-First with no criminal history whatsoever for a middle-aged woman.
I pointed out through testimony every known flaw the breath test machine has and the case boiled down to this: Do you believe your eyes or do you believe the machine? (Here's my stream of consciousness closing argument notes that I typed out.) The jury believed the machine. Quickly. They didn't even deliberate 30 minutes.
I'm always a pessimist down deep while I wait for a jury's verdict. But somehow I fully expected a "not guilty" verdict on this one. Maybe I was the only one. But if there was ever a chance to beat a high breath test, this was the case. Great video. Good jury (five men/one woman). Presentable and well spoken client. And technical malfunctions in the courtroom throughout the trial that I couldn't have scripted when asserting a "don't trust technology" defense.
And now I'll second guess myself.
Edit: Hey, don't bag on the jury. They paid attention, and they ultimately get to set their own standard of "reasonable doubt." Jury trials are always the ultimate crapshoot.
Edit: And I won't post personal criticisms of my client. Couch it in terms of general observations and I'll let it go. I am, as always, fair game.
Basic facts: It all starts at a convenience store in Boyd around 1:00 a.m. My client buys a coke and cigarette and, as she leaves, the clerk turns to three cops standing around and says, "Did you smell alcohol?". (The clerk will testify that it was just an observation and "never thought she would end up being arrested." She said it was the perfume that got her attention with an underlying scent of alcohol.) A Boyd cop follows her for about a half of a mile and stops her for speeding (36 in a 20.) There were multiple turns with no traffic violations along the way.
The toughest part for me (post verdict) are the field sobriety tests. She did fantastic. Although the officer detected some clues and thought he had probable cause for an arrest, the prosecutor would have to concede that the jury could not convict based solely on the tape. It was that good. The State's expert in breath testing, amazingly, said she performed "very well."
At the Sheriff's office, she agreed to provide a sample of her breath and the results of the two tests were .203 and .202. (The legal limit is. 08). That makes no sense to me. I've seen hundreds of videos of field sobriety tests, and compared them to the breath test results. She should have been hammered on the video. Note: This is a DWI-First with no criminal history whatsoever for a middle-aged woman.
I pointed out through testimony every known flaw the breath test machine has and the case boiled down to this: Do you believe your eyes or do you believe the machine? (Here's my stream of consciousness closing argument notes that I typed out.) The jury believed the machine. Quickly. They didn't even deliberate 30 minutes.
I'm always a pessimist down deep while I wait for a jury's verdict. But somehow I fully expected a "not guilty" verdict on this one. Maybe I was the only one. But if there was ever a chance to beat a high breath test, this was the case. Great video. Good jury (five men/one woman). Presentable and well spoken client. And technical malfunctions in the courtroom throughout the trial that I couldn't have scripted when asserting a "don't trust technology" defense.
And now I'll second guess myself.
Edit: Hey, don't bag on the jury. They paid attention, and they ultimately get to set their own standard of "reasonable doubt." Jury trials are always the ultimate crapshoot.
Edit: And I won't post personal criticisms of my client. Couch it in terms of general observations and I'll let it go. I am, as always, fair game.
Random Friday Morning Thoughts
- As mentioned below, my laptop died. I was working last night with a yellow pad and a pen which caused a huge question mark to form over the head of the Third Grader In The House.
- They are re-opening the investigation of the death of Natalie Wood? I smell some law enforcement officials who wants to be on TV.
- I heard a conversation on the radio this morning about how DFW neighborhoods are becoming increasingly rundown. One caller said a bunch of the "Pitbull element" moved into his area. The host told the audience that that wasn't a reference to race. I'm not sure the host knows who Pitbull is.
- This month's Texas Monthly has a feature of The 40 Best Breakfast Places. The thought of starting out my day bloated after a big meal has never been appealing to me.
- This morning news broke of two Oklahoma State women's basketball coaches dying in a plane crash while on a recruiting trip. In 2001, a plane crash took the lives of 10 men who were associated with Oklahoma State's men's team.
- Buried in the Dallas Morning News: "A 14-year-old boy with spina bifida used a 'mechanics creeper' to get around the Bridgeport Health Care Center in Wise County." (Link with picture.)
- The war with the Neighbor Boys behind the Family Household has been in a truce for months now. Oddly, the entire family disappears for the entire summer which probably has something to do with it.
- Urination and Black Friday in Denton? Don't ask.
- TCU raises it's annual tuition to $34,500. (Callback Side note: I wonder if that "Graham Cracker" guy won the student body election?)
- I'm excited about college football tomorrow and the fact that both Baylor's basketball teams are ranked. You know what my house is excited about?: Twilight.
- Back to trial. Back to brain exhaustion.
11.17.2011
Fight! Fight!
There was a fight at Bridgeport High School today that sent one to the hospital. Anyone?
(No names, please)
(No names, please)
Trial Update
- Closing arguments tomorrow
- Right before Opening Statement, a power surge completely fried the prosecutor's laptop.
- In the middle of cross-examination of the State's breath test technical supervisor, a surge completely fried my computer and caused electrical smoke to visibly rise.
- Try to stay focused when that happens.
- This is a breath test case with the results of .202 and .203.
- I'm trying it because those results can't be true. And that's what I told the jury in opening statements (which, is technically an "argument", but don't worry about that.)
More tomorrow. I'll turn the comments off for obvious reasons.
I Need To Watch More Network TV
Some gal from I'm In The Jungle And Famous So Get Me Out Of Here.
(Autoposted when I'm not even close to the Internet.)
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