"The Average Attorney, Full of Law School Brainwashing."

The 4th Circuit recently held that the right to counsel does not extend to have your non-lawyer friend represent you in a criminal proceeding. (U.S. v. Baucom). The defendants basic claims were that they hate lawyers and cannot afford the ones they trusts so their friends should be allowed to represent them. In the "attempts" to obtain counsel they felt was satisfactory they continually stalled and asked the court for more and more time as they sent questionnaires to potential attorneys rather than attempting to make personal conduct. Defendant's affidavit is by far my favorite language of the ruling.

Defendant...has little confidence in the legal profession...Defendant is aware of a few attorneys he trusts, but their multi-thousand dollar fees are out of the question...He does NOT trust just any attorney out of a grab-bag whom the government is willing to furnish; neither would this defendant be satisfied with such an “attorney’s” concept of the Constitution of the United States after the average attorney, full of law-school brainwashing, thinks that the Constitution is what the judges say it is, rather than what the Constitution itself, says it is.

In case you had not figured it out yet, both men were changed with tax evasion and were of the opinion that even entering a plea of not guilty would accept the validity of the fact that they owed a tax to begin with. Counsel was appointed but the men refused to cooperate-and continually threatened to sue them and the judge who appointed them. Eventually the court grew tired of the stall tactics and told the men if they did not have counsel by a certain date they would be forced to be appear pro se, it was on his date that they sought to have their friend who had not graduated from law school, passed the bar exam, or been admitted to the state bar-despite claiming to be in good standing with "several" bar associations.

Sigh.

Law School Commencement was tonight, and while I'm rather sure I graduated it's still anti-climactic. Not to mention that when I get the whole "we're so proud of you" bit I really just want to punch someone. I know it seem silly, since technically it is an accomplishment, but it's really hard to be proud of something which is to date the biggest mistake of your life. Or perhaps it's because PMBR starts tomorrow bright and early. Or that I'm about to enter a 2 month long adderall bender, hell, BarBri immediately after that.

Highlight of the commencement had to be my brother drinking underage-why would the law school do something silly like follow the laws?

I have finally figured out what I want to do with my life.

I am going to be Britney Spears' Manager, being that she recently fired hers' and is in desperate need of a life coach. I know you're thinking "Elle, are you really such a great influence?" Yes I am, this is Britney we're talking about. I'm pretty sure Joe Francis giving her advice would be better than her following her instincts.

I have never dropped a child, I don't have any failed marriages let alone two, I have never worn cowboy boots (over and over), I realize that a midriff is not exactly proper attire for a mother of two to dawn in public, I don't have substance abuse issues, and while I do appreciate a good Howie Day song now and again I get that maybe he is not the best way to rehab¹ her image right now.

Plus as a bonus qualification, in my rebellious (punky) youth I shaved my head and realize that it is not necessary to wear a wig and a hat. One or the other will suffice. Additionally I can offer assistance picking out cute edgy short haircuts once her hair is long enough.



And above all, I realize that geraniums are not appropriate nipple coverings. [Link].

¹Rehab. Ha. Ha.

"No wonder you're upset. She's lovely. And a darling figure... supple, pouting breasts... firm thighs. It's a shame you two don't get along."

Alternate Title: "Surely you can't be serious"..."I am serious, and don't call me Shirley."

EWWW.

He touched her, which she described as spooning, lifted her shirt and then got up and left. Court documents said she felt a warm fluid on her back, clothes and seat after he walked away. She told the officers he had ejaculated on her.

------------------------------------------------------
"You ever been in a cockpit before?"
"No sir, I've never been up in a plane before."
"You ever seen a grown man naked?"

"That's impossible, Rhonda. How can you sleep when you're high on crack? Chinese riddle for you."

I decided to do an accounting of my crackhead (and alcoholic) Uncle's activities-that I am aware of-in the last week or so. Because really, what is the point of having a crackhead uncle if you can't write about it?

1. Came over a few days ago to drink beer and stayed even after my grandparents went to bed (at 10:00 p.m.)-the traditional queue to leave.
2. Was talking extremely fast, mumbling, and continually disappeared.
   
3. Stole a bottle of white wine from our house.
4. Stole a bottle of rum from our house.
5. Poured a ton off the vodka bottle, since he knows better than to take that.
6. "Replaced" the rum bottle in the liquor cabinet with a random empty red wine bottle which he apparently brought to the house since nobody here recognizes the type of wine.
7. Ate my leftover chinese.
   
8. Wandered around the basement and presumably took other stuff.
9. Came back and let himself, his girlfriend and her friend in at 3:00 a.m. (waking up my grandparents), to look for his leather jacket. He couldn't remember if he had left it here or at the "place" crackhouse in a shady area he'd been at previously.
10. Said jacket was not here, so presumably he was too high to realize it was effing cold and he needed a jacket or he sold it for crack.
    
11. Presumably drank more beer.
12. Called me last night at 1:00 a.m. to let me know he was coming over since he was "hungry"-he didn't want to scare anyone coming over that late so he called ahead (this time).
13. Woke up my grandparents again, and prompted my grandma to make him something to eat.
    
14. Finished the vodka and kahlua, both bottles were 1/2 full.
15. Took the leftovers from the (delicious) dinner my boss bought me while I was working late Friday.
    
16. Stayed until 3:00 a.m., at which point my grandma told him they needed to go back to bed.
    

House Keeping

1. Someone stole the tire cover off my car. I wasn't even downtown when it occurred, which would have seemed the most likely place for that to transpire.
   
2. Clearly the old template is back. I couldn't stand having the same one as everyone else anymore. I think I got all the links that people had recently requested I add but I'm not sure, if I didn't email me.
3. The Anna Nicole judge gave custody of the body to the infant who had waived custody of the body from what I gathered.
   

"[T]he initial de-flowering of the woman as the real harm."

Time magazine is running an article about states which have adopted the position that women are unable to retract their consent to intercourse, based largely on the theory that once a man is in the midst act he's incapable of stopping. I find the argument ridiculous and rather insulting to men as a whole.

Does this mean a woman can't withdraw consent if the condom breaks? Or would that change in circumstances "allow" her to change her mind? The article offers a hypothetical where a woman has learned her partner has HIV and wants to withdraw consent and her partner refuses to stop, is that rape if he continues, or "just" attempted murder if she becomes infected? In states which have adopted this position is the opposite also true? Once a woman has said no-as we all know some women do to play coy-can that lack of consent not be revoked? Is that rape when a man coaxes her into sex, which she agrees to even if she had previously said no?

The arguments in favor of consent not being retractable seem to equate being "blue balled" with forcible sex, which seems completely ludicrous to me.

Discuss amongst yourselves.

[Link].

Another Interesting Article

Lawyer, client charged with DUI

Madison, Wisconsin--Lawyer Rick Petri can really empathize with his client.

Police arrested the lawyer for drunken driving after he went to the station to pick up a client -- who had been arrested for the same offence.

"I can't tell you how humbled I am, how embarrassed I am," said Petri, who once prosecuted drunken drivers.

Petri, 64, said he had been out last week and had a couple of drinks. He had a couple more drinks at home before going to bed. He said police called around about 2 a.m. asking him to pick up the client. Petri said the officer asked if he had been drinking, but he responded he didn't think he was intoxicated. "I was wrong," he said.

[Link].