Carry Me

Posted on February 28, 2008
Filed Under Uncategorized |

I’ve written before about the annoying (and unexceptional) experience of being set for trial, coming to court prepared for trial, and then having the trial continued or reset because the State is not ready, or the court wants to do something else, or the court reporter is out sick.

Slightly more irksome is going to court on Monday morning prepared for trial, trial box loaded, big white notepad under your arm, Spiderman bandaid on your finger, nasty surprises for the State prepared, hair cut, boots shined (more or less), and calendar cleared, only to be told that you are third in line for trial in that court that week, and that you should come back Wednesday afternoon. You are, in the argot, carried till Wednesday.

And then returning on Wednesday afternoon, equally prepared (the criminal defense lawyer’s credo: always ready, seldom prepared), to be told that now you are second in line for trial in that court that week, but that of course the court won’t be picking more than one jury, so thanks very much for being available and now we’re resetting your case till June.

(In case you were wondering, this is what happened to our trial that was set Monday.)

Comments

12 Responses to “Carry Me”

pro.victims on February 28th, 2008 4:01 am

Man, I know kinda how that feels. Usually, I’m set for trial 8x on the same day and I’m being told by all 8 defense lawyers (or 16, depending on available funds) and the judge that everyone is ready (bluff - bluff - bluff), and everyone is up for trial. And having 60 or more witnesses calling for said 8 cases, each day you are carried, with the only answer available - I don’t know if your rape/murder/intox assault case is first up or not (which is NOT how to make people feel important, by the way).

And on TOP of that - the defense lawyers all have fancy-smancey Spiderman bandaids for their trial prep wounds. Since I’m a government lawyer, all I can afford is those old flesh colored ones.

Hmm. Maybe I’ll put in a request for that with office supplies. Spiderman never gives up fighting for what’s right, even when he’s hopelessly outnumbered and overwhelmed.

Spiderman was the best choice, Mark.
Mark Bennett on February 28th, 2008 4:16 am

Witnesses? Ha! Real lawyers don’t need witnesses!

How would the judges pressure us to settle cases if they couldn’t bluff us about our chances of going to trial?

My superhero of choice would be Batman. Batman’s world is a lot darker and more ambiguous than Spiderman’s.
Western Justice on February 28th, 2008 4:30 am

Practicing on the “dark side” as you might call it, though, sometimes one of the many reasons I see cases continue is because the defendant has committed an alleged new crime! changing the dynamic of the plea negotiation process (obviously giving more leverage to the DA)
Western Justice
http://westernjustice.blogspot.com/
A Harris County Lawyer on February 28th, 2008 4:31 am

A word of warning, Mark: Don’t enter into a Comic Book knowledge contest with Pro. Victims.
pro.victims on February 28th, 2008 4:45 am

Batman is a good choice. He gets to punch people who make him angry, and we can all appreciate that, I think.

But if you wanted a character who would best suit the defense bar - it would be the Chameleon.

And, AHCL - it “pro.victims” - small caps. I’m very humble, you know.
S.C. Ruffey on February 28th, 2008 1:27 pm

“In the brightest day, in the darkest night, No evil shall escape my sight …”

I, personally, prefer Green Lantern.
Stephen Gustitis on February 28th, 2008 3:35 pm

If Speed Racer had a band-aid, I’d wear one.

sg
Mark Bennett on February 28th, 2008 4:46 pm

I’m a little embarrassed that this didn’t hit me till my drive in to court this morning, but . . .

flesh colored???
Ron in Houston on February 28th, 2008 4:56 pm

I do hate the whole concept of being “on call” for some period of time.

It’s difficult to coordinate all the makings of a trial. It’s also hard for me to switch my feeble mind from trial mode back to “normal” mode.

I wish someone could devise a better system.
Mark Bennett on February 29th, 2008 12:01 am

western justice,

There is that. I’ve added your blog to my reader.
pro.victims on February 29th, 2008 4:05 am

Seriously. On your drive to work this morning, you were musing to yourself about the color of my government band-aid . . . .

Mark, there are professionals out there who can help you. You only need to ask . . . .
Mark Bennett on February 29th, 2008 4:34 pm

If I weren’t beyond professional help, I’d've been helped by now.

But drive time is free-association time. It’s like meditation: still your mind, and occasionally a revelation or an inspiration will bubble to the surface. I wouldn’t want to mess with that.