» Entries tagged with "dismiss"
The Stacked Deck
The system isn’t fair. It’s something those of us who pay attention all know, but sometimes it’s more apparent than others. I’m working on a case where the state appealed a lower court judge’s ruling granting a motion to suppress. It’s an uncommon situation due in large part to the fact judges don’t grant motions to suppress all that often. They stretch to find whatever facts best support a denial, knowing that the reviewing court must defer to them. They scour the books for cases that support the state’s position, no matter how old. I’ve seen more rulings for the state finding facts that weren’t really presented or citing ancient cases despite the existence of recent controlling case law than I ever would’ve believed as a … Read entire article »
Filed under: Courts
Loose Ends
A good friend of mine makes his living managing musicians and musical groups. Driving back to reality after a weekend of fishing and grilling out with his friends last summer, the two of us discussed our respective careers at length. He pieces together very different types of work to make ends meet, and it works very well for him. It keeps things interesting, and he can make his own schedule. Things can get hectic, but things can also be very calm. His work life has obvious goal posts. The next booking or the next concert signifies a clear stop to a given task. He can tie up loose ends before beginning a new project. Although I have one very clearly delineated job, to some extent, I … Read entire article »
Filed under: Practice in General
Terrible Policies
I won’t name names here, but there is one prosecutor’s office in Arizona that has particularly rigid and often ridiculous office policies regarding plea bargains and a number of other important things that, in my opinion, should be left to the sound judgment of individual prosecutors. Some of the office’s policies are so draconian and inflexible that they are known by pretty much anyone who is even minimally involved with Arizona’s criminal justice system. I imagine 99% of people reading this post instantly knew which office I meant after reading the first sentence. Anyway, in two cases this year where I wrote the assigned prosecutors letters presenting overwhelming exculpatory evidence and requesting the cases be dismissed, I had conversations like this: Me: Have you looked over what I gave you? Them: … Read entire article »
Filed under: Practice in General, Professionalism, Prosecutors
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