I had an awesome weekend. Six Flags over New Orleans had a concert featuring Mary Mary and several other gospel groups on Saturday. It was good to have so many people together in fellowship gettin' their "praise on." Last year when the park was "Jazzland" - nothing special ever happened. Now that it has the Six Flags logo attached, it has been able to attract some great artists - and Christian artists at that. Already I've seen Audio Adrenaline, Mercy Me and Jars of Clay perform at the park. Can't top that for one season.
Another great note.. Only two weeks left at work! Today I began training the paralegal who will take my position after I leave. Its pretty amazing how complicated things have gotten. I'm optimistic that the new paralegal will be able to learn the bulk of what needs to be done.
Lots of new things going on. Locally it appears we have another hurricane in the Gulf. Will it ever end? Fortunately for our region, it appears that it won't hit Louisiana. Unfortunately for Texas it appears headed their way.
Annoying Issue of the Moment: New Orleans Public Schools. They are falling down. The students are underperforming at high levels. The administrators and employees are stealing money to the tune of $20-$30 million a year. To those problems few complain. But today it was announced that changes would be made, namely the demoting of principals and the lawyers come out of the woodworks to protest the principals' rights. What about the students' rights to a better education? The school system is collapsing and this is the only issue that is focused on. Unbelievable.
Legal-Term-of-the-Day: contra bonas mores- against public morals.
Example: The condition of the New Orleans Public School System is contra bonas mores.
Bible-Verse-of-the-Day: "And he that keepeth his commandments dwelleth in him, and he in him. And hereby we know that he abided in us, by the Spirit which he hath given us." I John 4:24 KJV
Monday, July 14, 2003
Tuesday, July 08, 2003
The past couple of days have been great. I turned 22 over the weekend *yay* and have been spending time with friends and family, as such I took a break from the 'blawg'. But hopefully I'll get back to churning out entries like crazy.
The time is winding down though, only a few weeks left until law school begins! Unfortunately I think that the attorneys at work have conspired to give me as much work as possible before I go.
I took the day off Monday and already I feel like I need another day. :/
On a good note I went shopping (again) - I convinced myself that as an up-and-coming attorney I will need lots of nice suits so I have to start now.. a whole three years in advance, lol.
Legal-Term-of-the-Day: escheat - money turned over to the state; occurs when people die intestate (without a will) and are survived by no spouse and no kindred.
Bible-Verse-of-the-Day: "O give thanks unto the Lord; for he is good for his mercy endureth forever." Psalm 118:29 KJV
The time is winding down though, only a few weeks left until law school begins! Unfortunately I think that the attorneys at work have conspired to give me as much work as possible before I go.
I took the day off Monday and already I feel like I need another day. :/
On a good note I went shopping (again) - I convinced myself that as an up-and-coming attorney I will need lots of nice suits so I have to start now.. a whole three years in advance, lol.
Legal-Term-of-the-Day: escheat - money turned over to the state; occurs when people die intestate (without a will) and are survived by no spouse and no kindred.
Bible-Verse-of-the-Day: "O give thanks unto the Lord; for he is good for his mercy endureth forever." Psalm 118:29 KJV
Friday, July 04, 2003
Happy 4th of July
Today was just a relaxing day spent at home with my family. I have heard the results of several surveys asking if Americans are more or less patriotic this year than in the past? My answer – I’m more patriotic than ever. Knowing the situations elsewhere in the world and the freedoms we enjoy here, including the freedom to dissent, how can one not be feel proud and blessed to be here?
On a relaxed day like today, I was not in the mood to digest any heavy legal content so I elected to search out some legal humor instead. Ever thought about suing Satan? What about suing yourself? If those thoughts have crossed your mind The Guide to Wacky Court Cases is a great resource on legal lunacy. The cases mentioned there were so unbelievable that I had to check them out on Westlaw… and yep, they are genuine. Just a reminder that people really can sue anyone for anything and in most states the party is entitled to at least one right of appeal to have their case heard by a higher court. Oh, the stories judges must have to tell. Only in America :P
Legal-term-of-the-Day: sua sponte– of his or her own will or motion; without request. Example: The court may dismiss a frivolous lawsuit on sua sponte motion.
Bible-Verse-of-the-Day: “I delight to do thy will, O my God: yea, thy law is within my heart.” Psalm 40:8
Today was just a relaxing day spent at home with my family. I have heard the results of several surveys asking if Americans are more or less patriotic this year than in the past? My answer – I’m more patriotic than ever. Knowing the situations elsewhere in the world and the freedoms we enjoy here, including the freedom to dissent, how can one not be feel proud and blessed to be here?
On a relaxed day like today, I was not in the mood to digest any heavy legal content so I elected to search out some legal humor instead. Ever thought about suing Satan? What about suing yourself? If those thoughts have crossed your mind The Guide to Wacky Court Cases is a great resource on legal lunacy. The cases mentioned there were so unbelievable that I had to check them out on Westlaw… and yep, they are genuine. Just a reminder that people really can sue anyone for anything and in most states the party is entitled to at least one right of appeal to have their case heard by a higher court. Oh, the stories judges must have to tell. Only in America :P
Legal-term-of-the-Day: sua sponte– of his or her own will or motion; without request. Example: The court may dismiss a frivolous lawsuit on sua sponte motion.
Bible-Verse-of-the-Day: “I delight to do thy will, O my God: yea, thy law is within my heart.” Psalm 40:8
Wednesday, July 02, 2003
LA Criminal Law 101: Can’t Plead Guilty…
It appears that accused serial killer, Derrick Todd Lee, plead not guilty today at his arraignment. However, his plea sparked a question today on a local radio station with host, David Tyree. The question - Could Lee have plead guilty? The debate raged on with no definitive answer so I decided to do some research of my own.
My Findings? Lee probably could not have plead guilty at the arraignment stage because the prosecution is seeking the death penalty. Courts have consistently held that the death penalty sentence must be decided by a jury.
Louisiana’s Code of Criminal Procedure Art. 557 states that the defendant may not make an “unqualified plea of guilty in a capital case.” However, if the court and state agree, the defendant may plead guilty but the sentence imposed must be life imprisonment without parole. In the alternative, the court may impanel a jury to sentence the defendant.
In other words it appears the most expedient thing for the judge to do is only accept not guilty pleas in capital cases. If he or she does not, they must either sentence the defendant to life or select a jury to decide death or life. Moreover, sentencing hearings, especially in death penalty cases, are like mini-trials in which both sides produce evidence on why the defendant should die or live. The evidence and witnesses needed are normally uncovered during the discovery phase prior to the trial. Without the pre-trial discovery it would be nigh impossible for both sides to present evidence for the jury. It is also important to remember that the determination of whether someone should die or live is a paramount decision. Consequently, I am of the belief that only a jury who has heard the facts in their entirety at trial is competent to decide the sentence to be imposed upon a defendant.
Legal-Term-of-the-Day: Nolle prosequi – no prosecution; Option that may be exercised by the District Attorney. It has the effect of dismissing the case; however, the D.A. may re-instate the charges within a certain time period as allowed by law.
Bible-Verse-of-the-Day: “For I reckon that the sufferings of this present world are not worthy to be compared with the glory which shall be revealed in us.” Romans 8:18 KJV
It appears that accused serial killer, Derrick Todd Lee, plead not guilty today at his arraignment. However, his plea sparked a question today on a local radio station with host, David Tyree. The question - Could Lee have plead guilty? The debate raged on with no definitive answer so I decided to do some research of my own.
My Findings? Lee probably could not have plead guilty at the arraignment stage because the prosecution is seeking the death penalty. Courts have consistently held that the death penalty sentence must be decided by a jury.
Louisiana’s Code of Criminal Procedure Art. 557 states that the defendant may not make an “unqualified plea of guilty in a capital case.” However, if the court and state agree, the defendant may plead guilty but the sentence imposed must be life imprisonment without parole. In the alternative, the court may impanel a jury to sentence the defendant.
In other words it appears the most expedient thing for the judge to do is only accept not guilty pleas in capital cases. If he or she does not, they must either sentence the defendant to life or select a jury to decide death or life. Moreover, sentencing hearings, especially in death penalty cases, are like mini-trials in which both sides produce evidence on why the defendant should die or live. The evidence and witnesses needed are normally uncovered during the discovery phase prior to the trial. Without the pre-trial discovery it would be nigh impossible for both sides to present evidence for the jury. It is also important to remember that the determination of whether someone should die or live is a paramount decision. Consequently, I am of the belief that only a jury who has heard the facts in their entirety at trial is competent to decide the sentence to be imposed upon a defendant.
Legal-Term-of-the-Day: Nolle prosequi – no prosecution; Option that may be exercised by the District Attorney. It has the effect of dismissing the case; however, the D.A. may re-instate the charges within a certain time period as allowed by law.
Bible-Verse-of-the-Day: “For I reckon that the sufferings of this present world are not worthy to be compared with the glory which shall be revealed in us.” Romans 8:18 KJV
(c) http://angel-in-law.blogspot.com
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