We will write a thorough New Year's post, including our toppling of the REGJB Fantasy Football's goliath #1 seed from our #4 seed spot last week in the semi-finals, only to lose in the finals to someone with the name of Johnny's Sac. A very unsatisfying second place.
For now, as we struggle to meet an appellate deadline, we make this simple plea: STOP sending "Happy New Year" texts. We don't need it. No one does. It is annoying spam. If you have a personal New Year's message or wish for us, convey it. But if you're sitting around with nothing to do on a Monday and cannot think of anything else but to go to your phone's contacts and spam everyone with a HNY text with those insipid exploding fireworks, then we have 14,500 words that urgently need to be edited down to 13,000 by the end of today.
And a word about appellate court deadlines. Just stop with the orders gratuitously stating that "workload is not a reason for an extension." What other reason do we need an extension for other than judges have lined us up for four trials back to back to back to back since early September. What do you want us to say? "We could not meet the deadline because umm... we spent a whole lot of time creating span text lists on our phone so we could be the first to spam all of our contacts Happy Halloween and Happy Thanksgiving...?"
We need more time because we are working our ass off and if that's a problem then so be it. Instead of threatening over worked lawyers, how about re-examining the unpreserved error rule that results in thousands of defendants serving prison sentences when their trial had inadmissible evidence but their trial lawyer was too dense to object.
And by the way, if you are one of those ignoramus trial lawyers who do not object "because I don't want to draw attention to it" try reading some of the hundreds of appellate opinions where the conviction was affirmed despite loads of prejudicial and inadmissible evidence was used because the attorney did not object. The evidence is in. The prosecution is going to use it. DO YOUR FREAKING JOB AND OBJECT!
It's the first day of the new year and we are already in a sour mood.
12 comments:
All I can say is ..:.HAPPY NEW YEAR!
What is the New Year's equivalent of Scrooge or Bah Humbug? You need to generate better karma!
I agree Rumpy. Object early, often, and with sufficient information to put the court on notice that s/he screwed up or that the prosecutor is doing something wrong.
My God Rumpole, can you be anymore crankier??? Seriously you old crank, what harm is there saying "Happy New Years?"
You're probably that old miserable guy in the neighborhood who yells at kids for stepping on their lawn and turns off the light to make it look like you're not home at Halloween. Sheesh.
btw, Happy New Years! Welcome to Day 1 of 364!!
You do realize the more you tell people NOT to say "Happy New Year" the more ppl will say it to you.
BTW== you seen the film Grumpy Old Men-- with Walter Matthau, Jack Lemon, Sofie Loren, Ann-Margaret, if not you should. You definitely need to get laid Rump to take some of your bitterness and crankiness youre haboring.
HAPPY NEW YEAR!!
753, your last sentence hit the nail on the head.
To 10:39 PM
366 but who’s counting!
Not objecting and not preserving the record for appeal is called ineffective assistance of counsel. I don't understanding why these "trial lawyers" don't get that this is part of their job that is of equal importance as the work they do in front of the jury. I agree with you 100% Grumpy Rumpy.
Makes me think Milton Hirsch is Rumpole.....
No you’re wrong. The case law is that not objecting and not preserving the error and record is NOT ineffective assists e of counsel. And the reason is that appellate courts use the excuse that the error was not preserved all the time and they do not want to give defendants a get out of jail card on a rule three by denying appeals because the error wasn’t preserved. Do the research. I’m right.
No way Rumpole is Judge Hirsch. The good Judge has a life and doesn't "blog" for fun.
I think Rumple is fatter, balder and likely has very few actual clients.....probably has a cushy teaching job too 🤔
I think Rumpole is delusional seeing how he thinks he is British and thinks he knows all things British. That is my humble opinion.
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