Death / Legal Research IV

I don't mean for this post to be pro- or anti- death penalty, just an observation. I meant to post this a long time ago, but for some reason or other didn't, so here goes.

Once, while doing some research I had to go through some filings, and court papers for a death penalty case. I didn't think too much about it having seen most of the motions I came across before in one form or another in research I'd done previously.

Then I saw it. What made me realize what made this case different form any other case I'd ever researched or worked on. It was a simple one page document. I don't even remember what the body of it said. It looked like any other motion/pleading/finding/order, same paper, font, formatting, etc. At the top of the first page, in bold caps: DEATH WARRANT.

To be honest, I don't know if I came across that document before or after I saw the sentence pronouncement from the court, but this is how a substantial part of the sentence pronouncement read:
“It is the order of the Court that the Defendant, ---, who has been adjudged by a jury to be guilty of Capital Murder, and whose punishment based upon the finding of the jury has been assessed by the court at death, shall, before the hour of sunrise on Tuesday, the --th of ----, A.D. 19-- at the Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas, be caused to die by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until such convict is dead; and that the Clerk of this court issues a Death Warrant in accordance with this sentence directed to the Director of the Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas, and deliver such warrant to the Sheriff of this the County of ___, Texas, to be by him delivered to the such director, together with the said [Defendant]. [Defendant] is remanded to jail to await transportation to the Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas, and execution of this sentence.”

Myspace

I can't believe I did this. I got a Myspace account.

I have no idea what possessed me to do it, but some friends were talking about it. I had my reservations at first, but once I saw this guy had one, I knew I had to do it.

So, if you're on Myspace, and you know who I am, feel free to add me as a friend, or whatever the heck it is people on Myspace do.

What's next, Facebook?

Legal Research III

Okay, here comes this 23 year old guy, Claiborne. He gets caught witch a single crack rock. He gets into rehab, and soon is caught with more crack. He can’t work out a deal, so he pleased guilty to both counts. The Judge is so smitten with the guy he comments that he was “concerned that the Sentencing Guidelines, while they take into account a lot of factors, in this situation, the 37-month low end of the range is, in my view, excessive in light of your criminal history which is zero and in light of the circumstances involved in this case. . . when I consider the quantity of drugs that are involved. . . and the likelihood of your committing further similar crimes in the future, I come to the conclusion that a 37-month sentence would be tantamount to throwing you away.” [see page 4-5 of the brief here] So the fair minded judge gives the guy a much lighter sentence.

Well the mean old government doesn’t like that, so it appeals saying that they kid’s no good. You let him out and the whole word’s at risk. The cases ends up being grated a SCOTUS cert.

What happens, you ask?

[click here for the story]
[click here for the SCOTUS opinion]

SmallLaw Myth #1

It is often said that at SmallLaw attorneys are not expected to work as many as hours as BigLaw. Based on my anecdotal experience, this is a myth. The small firm I'm at now expects a lot from attorneys. Around the legal community, this firm has a reputation for being thorough, and that reputation is well deserved.

The firm also pays its employees on the 1st and the 15th. When I turned in my time card fr the first half of July, it added up to 125 hours. And yes, I did take the 4th of July off.

I know that 60-65 hours a week is not much compared to what BigLaw requires of their attorneys, but I doubt its what they require of their clerks. Also, I usually go home well before the younger attorneys.

Holy Crap.

You are 93% REAL Texan!!

High five, you're a complete Texan. People from other states should tremble in your presence because they're simply not worthy. Let them bow before you and convey their undying adoration to you while they announce their true desire to be Texan.

How Texan Are You?

Legal Research II

I saw on the news that last week SCOTUS threw a small monkey wrench in Texas' Death Machine. Apparently the guy who represented himself during a capital murder trial while speaking in a John Wayne accent didn't get to prove he was insane.

Just a little more evidence to prove that the person who acts as his own attorney has an idiot for a client.
penalty