The Schweetness

OK - the prime sweetness in my recent life: MJOA1 granted. 

For non-lawyers, a motion for a judgment of acquittal occurs when the state rests their case. You turn to the judge and say "this just isn't enough."  As you might expect, it's tricky to actually pull off, given that the state usually brings (arguably) enough - otherwise they'd drop the case before they begin.  And that's the standard - if it's at all arguable that what the state's brought *might* be enough, the trial moves on. 

And still, we got it.  My Trial Partner was an under-the-radar marvel on cross - I don't think the witness or the state saw our argument coming.  During our hectic prep session, when it seemed like we might develop some traction for our argument, I looked up from my stack of interlocking and delicately balanced case law, still warm from the printer, and told the TP, "I need this, that, this, that, and this.  But absolutely no more or less."  And he went right out and got it as though he was strolling down the aisles of a supermarket.  Pluck, pluck, pluck, done. 

In retrospect, my actual argument could have been much stronger and comprehensive - or more streamlined and to the point.  It was somewhere in the middle and (again!) I fell into the trap of not exploring every branch of my argument, but only focusing on what I thought was most compelling.  But honestly, I  never really have the time I'd *prefer* to develop my arguments for cases, given the fact that, well, I have other responsibilities both to other clients and in the trial itself.  The nice thing is that if I touch this issue again in the future, I'll be starting from a more nuanced sense of the law in this particular area. 

All in all though, what's not to like?

**

*Someday* I will do a non-truncated voir dire with a jury panel that:

1) is not on the verge of (sleeping/bolting for the door) after the state's voir dire.

2) actually engages 'em.  (See 1).

3) does not involve me saying "Pardon me, but would you like some kind of compress for your bleeding ears?"  (See 1).

4) is not focused on rehabilitating.  (See 1).

We got a pretty sweet jury (I thought).  Perhaps that's all that counts.

**

I almost killed by boss by zipping out of the courtroom to ask a question of a retreating police officer.  Well, the door I flung open almost killed him.  So any credit gained by my recent work was probably erased via the contusion.  I think there's some kind of doctrinal name for this.

**

One cannot make shortbread without sugar.  The stupid try, but the clever notice this before the butter is creamed.  I think I'm very clever.  Well, clever on the subjective standard for "someone who beings baking projects without making a proper inventory."  And this is a real story, not a comment about the first section of my post.  I'm re-fridging the butter as I type.  And making a grocery store list for tomorrow.

OK - back to trial prep.

Comments

[ambimb]

Congratulations, dude! As previously mentioned, I had the thrill last year of being Trial Partner on a 4-day trial that ended when the judge granted our MJOA and it was a sweet feeling. I don't know whether its sweeter to get a jury of 12 to say "not guilty" or to get a judge to tell the state to get stuffed. Perhaps they are equally sweet in very different ways. Regardless, this is awesome. May it be the first of many!