Archive for August 10, 2008
The secret to winning: Gideon-style (updated with links!)
Aug 10th
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A while back, Scott the Greenfield ragged on Gerry Spence for offering some “sage” advice about winning: credibility and lack of thinking (It’s not as stupid as the Greenfield makes it sound, but I see his point).
So that got me thinking (uh-oh, I’m losing already): Can I offer anything here? Will anyone listen? Now, I’ve never won a motion hearing, let alone a case, so admittedly I’m on thin ground. But this being the internets, nothing’s stopping me from writing and you from moving on to the next website, so I’ll give it a shot and make it a meme.
Gideon’s secret to winning: Knowing your rear from your face, or, preparation.
I mean, really, that’s your only shot. Know the State’s case inside out. Know the allegations, the witnesses, the police reports, the statute and your theory of defense. You have to prepare, prepare, prepare.
Okay, see, that’s boring. So I’m going to invite my more enlightened blawger brethren to jump in and offer their definitely more exciting and sage advice (but if any one of you says something like “good facts”, you’re automatically sentenced to an internship with the former Judge Cassell).
I link to three blawgers, who post their own secrets to winning and then link to three others. I’ll collect all the posts here.
So, I will tag:
The Texas Tornado, and
Posts written by them (or others) will be collected below:
- Winning your case, South Carolina blog
- The Secret to Winning Meme, Simple Justice
- The Secret to Winning: Bennett-style
- The Secret to Winning: Hostis Civitas
- The Secret to Winning: Underdog-style
Judge for a day – part next
Aug 10th
Just read a sentencing story today that I thought would make a good example for the next edition of “Judge for a Day!”
Defendant is charged with two counts of second degree robbery and four counts of third degree burglary. He robbed two Subway stores, making off with $1062 total. He was a polite robber, however, each time apologizing for robbing the stores. After the first robbery he apologized to the store clerk and thanked him and after the second one he said “I’m sorry, I have to do this.”
He robbed to keep up his prescription meds addiction, which turned into a heroin addiction when he couldn’t get any more meds.
No criminal record whatsoever; a productive member of society with a job. There was no violence during either robbery.
Remember folks, this is Connecticut – the State with the strictest sentences in the country.
What’s your sentence, Judge Commenter? There are no minimums and the max for the robbery is 10 and for the burglary is 5. But since there are multiple counts, you can run them consecutive, if you’re so inclined.
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