So Gopher Lawyer didn't post while he was in East Asia. I was busy. The ten days flew by. I only had a few minutes of precious Internet time each day, and I devoted it to job-hunting. What was I supposed to do?
I didn't want to leave Korea, but I find that's often the case with foreign travel. I made it back here in one piece. Law school has hit me like a mid-air plane collision: Law Review, on-campus interviews and coursework have all already kicked in.
The unquestioned highlight of the week came on Wednesday: first day of orientation for all the new 1Ls! I'm a sentimental guy, always have been. No shame in that. So I gladly indulged my nostalgia at seeing them all walking around with wide eyes, forming clicks, learning the area, and all in various stages of panic over what they were getting themselves into. Because that was me -- one year ago. Now I'm jaded, weary, and blogging. Not a good combination. But I once was like them. And on Wednesday, I remembered it.
Saturday, September 1, 2007
Saturday, August 11, 2007
Back East...Far East
Gopher Lawyer is taking a vacation. No more cops, no more 4th Amendment, no more probable cause. No more trips to jail, prison, court or chambers. Gopher Lawyer is headed for Korea. And possibly Japan, but that will depend on whether I can find a cheap ticket.
I'll try to post an update or two over the next two weeks. But mostly I think I'll be relaxing and disinclined towards all things Internet. Still, I'll do my best. Happy summer! (At least, the last two weeks of it.)
I'll try to post an update or two over the next two weeks. But mostly I think I'll be relaxing and disinclined towards all things Internet. Still, I'll do my best. Happy summer! (At least, the last two weeks of it.)
Thursday, August 9, 2007
Happy Trails
Summer employment has come to an end for Gopher Lawyer. My time with the public defender ended today. Next up is a two-week trip to Korea. And after that, law school resumes, along with the classes, outlining, briefing, complaining, whining, and of course thousands of pages of reading.
I'll be hunting for different jobs this fall. It's not that I didn't like the public defender -- I really did. But next summer I'd rather get a totally different experience. I want to know if the big-ticket firm life is the way to go. I.e., is the heavy workload (and resulting long hours) worth the ridiculous pay?
The summer in the public defender ended on a good note. I got another case dismissed for lack of probable cause. It was some kid who faced up to 20 years in prison, but now will only have to do 6 months in the workhouse for unrelated probation violations.
I'm glad to walk out of there knowing that I did a good job. And now I can spend the next few months worrying every time I open the paper that I helped out some guy who later went on to commit something horrible. Let's hope that doesn't come up.
I'll be hunting for different jobs this fall. It's not that I didn't like the public defender -- I really did. But next summer I'd rather get a totally different experience. I want to know if the big-ticket firm life is the way to go. I.e., is the heavy workload (and resulting long hours) worth the ridiculous pay?
The summer in the public defender ended on a good note. I got another case dismissed for lack of probable cause. It was some kid who faced up to 20 years in prison, but now will only have to do 6 months in the workhouse for unrelated probation violations.
I'm glad to walk out of there knowing that I did a good job. And now I can spend the next few months worrying every time I open the paper that I helped out some guy who later went on to commit something horrible. Let's hope that doesn't come up.
Sunday, August 5, 2007
Guilty
I went to my first guilty verdict Friday. He was found not guilty on first-degree premeditated murder, but was found guilty of second-degree felony murder. He will probably face 20 years. (Sentencing is in three weeks.)
A lot of people, including me, have mixed feelings about the felony murder rule. The basic rule is this: if you are committing a felony, and someone gets killed (even totally inadvertently) in the process, you are guilty of at least second-degree murder.
Example: I am robbing a liquor store. There is an old man in the store standing behind me. After I get the loot and am fleeing the store, I accidentally bump into him without even seeing him, he falls to the ground and dies when he hits his head.
Now ordinarily, that death would be charged, at most, with manslaughter. But because robbing the liquor store is a felony, and the death occurred during the process of committing that felony, then I could be charged with that death as though it were intentional.
Part of the purpose of the rule is to discourage people from committing felonies. I doubt it is successful in that mission however. Even if it does work, there are still serious concerns about charging someone with murder when they had no intent to murder and no knowledge that they were about to murder.
A lot of people, including me, have mixed feelings about the felony murder rule. The basic rule is this: if you are committing a felony, and someone gets killed (even totally inadvertently) in the process, you are guilty of at least second-degree murder.
Example: I am robbing a liquor store. There is an old man in the store standing behind me. After I get the loot and am fleeing the store, I accidentally bump into him without even seeing him, he falls to the ground and dies when he hits his head.
Now ordinarily, that death would be charged, at most, with manslaughter. But because robbing the liquor store is a felony, and the death occurred during the process of committing that felony, then I could be charged with that death as though it were intentional.
Part of the purpose of the rule is to discourage people from committing felonies. I doubt it is successful in that mission however. Even if it does work, there are still serious concerns about charging someone with murder when they had no intent to murder and no knowledge that they were about to murder.
Monday, July 30, 2007
The day the music died
I'm always surprised when all sorts of crazy breaking news happens at once. Today it has happened in the sports world. My favorite basketball player, Kevin Garnett, has been traded to the Celtics. One of my favorite Twins has been traded to New York. Bill Walsh died. Michael Vick's co-defendant pled guilty. The Vikings signed their #1 pick, Adrian Peterson. All of this news broke in the last 24 hours. And on top of it all, in legal news, the Chief Justice of the United States was injured in a fall at his summer home and was hospitalized. (Sorry: obligatory legal comment for a blog that tends to be about law.)
One thing that isn't news: Vikings receivers are only four days into training camp, and they already appear to be dropping passes like they're trying to set a record. Is there any song that's the opposite of "Drop It Like It's Hot?" Can we get a sports psychologist and music therapist working together on this one?
But I digress: the biggest item of today is KG. That old Don McClean song is so overused and overquoted in these situations. But I can't help feeling that if KG is gone from Minnesota, then despite all the other news events, today is the day the music died.
One thing that isn't news: Vikings receivers are only four days into training camp, and they already appear to be dropping passes like they're trying to set a record. Is there any song that's the opposite of "Drop It Like It's Hot?" Can we get a sports psychologist and music therapist working together on this one?
But I digress: the biggest item of today is KG. That old Don McClean song is so overused and overquoted in these situations. But I can't help feeling that if KG is gone from Minnesota, then despite all the other news events, today is the day the music died.
Thursday, July 19, 2007
Victory #2
Got another win under the belt today. It was the racial profiling case. (See the post "Racial Profiling" below.) Quick facts: our guy is 28 years old. The cops nevertheless stopped him for a suspected curfew violation -- they thought he was under 18. Even when he showed them his ID, they still didn't believe him, and did a search. I am not making this up.
I wrote the motion to dismiss the case based on the fact that the crack had been discovered after an illegal pretextual stop. We showed up for the hearing today. The prosecutor met with us and said she had read my motion. She then asked to see our guy's booking photo. We produced it, she took one look, and that was it. Case dismissed. She knew that she didn't need to bother taking it to the judge -- her case was DOA. I'm glad she did the right thing and acknowledged that in this country, cops are not allowed to stop someone simply because they feel like it.
Nice try, cops.
I wrote the motion to dismiss the case based on the fact that the crack had been discovered after an illegal pretextual stop. We showed up for the hearing today. The prosecutor met with us and said she had read my motion. She then asked to see our guy's booking photo. We produced it, she took one look, and that was it. Case dismissed. She knew that she didn't need to bother taking it to the judge -- her case was DOA. I'm glad she did the right thing and acknowledged that in this country, cops are not allowed to stop someone simply because they feel like it.
Nice try, cops.
Wednesday, July 18, 2007
If it's true, lock Vick away
Gopher Lawyer is a big NFL fan. (I have particular love for a certain team that wears purple jerseys and sports white horns on its helmet.)
The League has long been subject to the criticism that its players act as though the rules don't apply to them. Usually this attitude manifests itself on Saturday nights around 2am. Pacman Jones gets involved in a shootout at a strip club. Vikings players gang bang prostitutes on a lake cruise. Countless other players drive home drunk or get into bar fights. Usually, however, the bad behavior is limited to recklessness or basic stupidity.
Not so for Mike Vick. Vick has been accused of participating in a ring that brutally tortured dogs for entertainment and financial gain. The allegations are so atrocious and vile, it's hard to even read the indictment. (As a lawyer, I have to add the necessary disclaimers that he is innocent until proven guilty, and simply being charged does not indicate guilt.)
If they are true, Vick should be locked away in prison and suspended from the NFL for life. Such a level of cruelty to innocent animals is hard to contemplate for most people, yet the multi-millionaire Vick had no qualms involving himself in this racket. And all in the name of entertainment and making a few more bucks. No words are strong enough to condemn this evil, sadistic violence.
This is not some sports star making a few bad alcohol-induced decisions. This is calculating, ruthless, cold-hearted cruelty, and if these allegations are true, I cannot imagine a punishment too severe.
The League has long been subject to the criticism that its players act as though the rules don't apply to them. Usually this attitude manifests itself on Saturday nights around 2am. Pacman Jones gets involved in a shootout at a strip club. Vikings players gang bang prostitutes on a lake cruise. Countless other players drive home drunk or get into bar fights. Usually, however, the bad behavior is limited to recklessness or basic stupidity.
Not so for Mike Vick. Vick has been accused of participating in a ring that brutally tortured dogs for entertainment and financial gain. The allegations are so atrocious and vile, it's hard to even read the indictment. (As a lawyer, I have to add the necessary disclaimers that he is innocent until proven guilty, and simply being charged does not indicate guilt.)
If they are true, Vick should be locked away in prison and suspended from the NFL for life. Such a level of cruelty to innocent animals is hard to contemplate for most people, yet the multi-millionaire Vick had no qualms involving himself in this racket. And all in the name of entertainment and making a few more bucks. No words are strong enough to condemn this evil, sadistic violence.
This is not some sports star making a few bad alcohol-induced decisions. This is calculating, ruthless, cold-hearted cruelty, and if these allegations are true, I cannot imagine a punishment too severe.
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