» Entries tagged with "judgment"

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

Being Present

In yoga, the focus is often on being present.  It’s about understanding what’s going on but not judging.  You should feel what your body is doing as you stay in the moment. Most of us in the legal profession got here not by living in the moment, but through significant forethought and strong will.  Those aren’t bad qualities, but they’re only helpful in certain aspects of the practice of law. Drafting a motion is one such aspect.  The motion doesn’t really exist in time, as the reader reviews it at his own pace.  It’s more like painting a portrait than performing a concert.  The reader is going to stroll through the gallery and control his own time when he gets to what you’ve created. He doesn’t have to sit down and … Read entire article »

Filed under: Trial

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