Uncategorized Sully 89 views

The week that was.

My workweek was a good one.  On Thursday, I was on trial.  The trial was a milestone because it was the first trial in which I represented one of my own and not Mr. Tinari’s clients.  It was a trial before a judge, not a jury trial.

The case was really not winnable because the client gave a statement in which he confessed to the police.  Before trial, I argued two motions, which were not frivolous, but not the strongest of motions.  After the argument, the judge denied both motions, and the trial was conducted.

My client was convicted of Robbery, though we were earned Not Guilty verdicts on the Aggravated Assault + gun charges, which were the most serious.  So, while the war was lost, an important battle was won.

I felt confident and prepared.  There are a few general takeaway lessons, but I do not have any regrets.  On Friday, I spoke with the prosecutor about the case.  I was heartened when he told me that he thought that I fought very hard, despite the truly uphill battle.

Also, on Friday, we had a sentencing in federal court.  I had written and filed a Supplemental Sentencing Memorandum in which I argued that a sentencing enhancement, which the government sought, was inappropriate.  My boss and I were in the hallway of the courthouse, and the Assistant United States Attorney [AUSA] on the case remarked, “Nino, YOU did not write that Sentencing Memo, did you?”  NVT mumbled something, and the AUSA said, “I didn’t think you did.  You had the brainiac here write it.”  He turned to me and told me that my argument was “very interesting.”  His comment was code for, “That was a quality argument that I will have difficulty countering.”  

The events of Thursday and Friday, as well as the judge’s comments last week, have given me extra confidence and perspective about my work.  
I’ll stop sticking my chest out now.

In other news…
Domestic violence is in the news a lot right now.  The NFL has a problem with its players beating their wives and/or children.
If you strike another person or domesticated animal and do so without justification, i.e., legitimate self-protection, you are a coward and a punk.  I hope that you are penalized in the criminal courts as well as by your employer.