So, victory! I won my first jury trial (State v. Stephens) in Alaska. Funny that. I can win a DUI in Alaska where my client was a .17 BAC and admitted driving to the police but I lose People v. Zink in California where the police beat my 80 year old client for no reason. God I hated California. The counsel for the State did an excellent job and I thought she had me on this one. But it was one of those cases that could have gone either way. I got lucky and played it right. I wish I could do more trials. It is not that I don't have the case load, it is just that is hard to find the time to do trials with the pressures of having a case load. I learned something in this trial, namely that the judges expect all the "motion work" to be done pre-trial. In California, I would have filed (or even orally made) a motion in limine. Here, the Court expects all the issues to be litigated well before trial. It is a problem for two reasons. First, finding the time to fully litigate every single issue in every single misdemeanor is a problem. Second, in Alaska the State has 120 days to try someone or dismiss. That is an insane amount of time. To make things worse, if the defense files a motion it automatically tolls the time. In California, the "People" had 30 days on an in custody misdemeanor or dismiss. No exceptions. The time limits for trials were definitely better in California. There: I said something nice about California.

Comments

Anonymous said…
DID YA?
bill said…
B: Congratulations!

Incidentally, in Ohio the filing of any motion, including requesting discovery, tolls the speedy trial time. How stupid is that; I request discovery, and the State doesn't get it to me quickly, lets say they take a month or two, my client has to spend longer in jail!!! And if I file a Motion to Compel, that tolls the time again! Crazy.

Congrats again!
Anonymous said…
Wahoo! Keep it up!

g
Duck Hunter said…
Congratulations!
Anonymous said…
Sorry to annoy, but as there is no way to email you, I thought I'd pass-on this news about a suit filed today against the AK DMV because of their illegally implementing the REAL ID Act:

http://www.myalaskaid.com
Jed Cooper said…
Quote: "How I need to still feel pride everytime I walk into that courthouse to speak for those who cannot speak for themselves. How those of us who dedicate our lives to public defense toil in empty courtrooms every day to preserve the freedom that we should have."
Quote:"So, victory! I won my first jury trial (State v. Stephens) in Alaska. Funny that. I can win a DUI in Alaska where my client was a .17 BAC and admitted driving to the police..."

So this was your idea of speaking for someone who couldn't speak for themselves? Good job! You helped to preserve a drunks right to drive on the roadway! I've had two friends killed by drunk drivers, one friends father killed by a drunk driver and that same friend lost vision in her left eye from the same wreck, and another friend's five year old son killed by a drunk driver. Good to know that you are so proud of your work. Would you work so hard to DEFEND the drunk that killed your daughter in a car wreck? Probably, as long as you were paid for it.
Anonymous said…
I find it tremendously amusing that you show a picture of troops dying for America in this victory post when you say your so pleased to be in America when people are yelling at soldiers in DC. Are you schizo?

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