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Archives: Feb. 01 - 10, 2008 |
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Friday, February 01, 2008
Snow Patrol: Well, the kiddies (and many adults) got their wish this morning. We’ve got a couple of inches of snow on the ground, and school has been called off. Many people received the happy news last night at approximately 8:45 p.m. via the web site of radio stations WXEF-FM (97.9) and WKJT-FM (102.3). The Illinois Department of Transportation Winter Road Conditions Report also is available via the ‘net and currently lists the status of all area roads as “snow or ice covered.” Looking forward, here’s what we can expect, regionally, during this month of February.
A Step Ahead: One purpose of this journal is to document some of my marathon (running) training habits and experiences, one further long term purpose of which is for me to “stay healthy” and productive for as long as possible. Schedule wise, my next marathon run may or may not occur on Saturday, April 26th, in Nashville, Tenn., depending very much on the outcome of this month’s training efforts.
Saturday, February 02, 2008
Bill Cosby Raps? The wonderful entertainer and story teller Bill Cosby hits our town today for two performances at The Rosebud Theatre. Cosby, who possesses a doctorate degree in education, has a fascinating project underway. At the age of 70, he is set to release an album that consists mostly of “rap” and “hip-hop” music that reportedly is “clean” and “issues-oriented.” If anyone could pull off such a project at his age and make it work, it would be Bill Cosby, whose impressive and versatile credentials include success in the music industry.
I wound up with a ticket for the 5 p.m. show. It was a little different, but a pleasant experience nonetheless. Cosby put on a laid back but full 100-minute performance, ending with his hilarious “At The Dentist” skit. Unfortunately, he was “absolutely not” granting any interviews with regard to his recent newsworthiness, I was told.
Sunday, February 03, 2008
Surely There Must Be Some Mistake: After services this morning, I was asked to portray Jesus in an upcoming church cantata. I’m already feeling the pressure. “Fat Tuesday” and the substantially long time period to follow are about to take on a whole new meaning for me. My additional personal goals for Lent are as follows: 1. No carbonated beverages. 2. No fast food. 3. Run per the Lydiard marathon training “aerobic buildup schedule” every day. 4. Grow a beard for the cantata and then shave it off early Easter Sunday morning. 5. Try not to use any bad language, even in private. 6. Have fun, anyway!
Super Bowl Sunday: I’ve got the Giants tonight and whatever the final point spread allowance turns out to be . . . versus my cousin Jerry Ferguson in Buffalo, N.Y. This is double-or-nothin’ on the $ 5.00-dollars I’ve already lost to said cousin thanks to the Rose Bowl game. Frankly, but for the opportunity to regain my gambling “integrity,” I would be looking forward to just watching the commercials.
Monday, February 04, 2008
What’s Your Name, Little Girl? People can go by whatever name they choose, but a person who seeks an “official” name change usually has to resort to the legal (or marital) process. I am the “attorney of record” in one such case at present. I have handled approximately “half a dozen” name change petitions since becoming an attorney in 1993.
Outside of marital matters, people change their names for a variety of reasons. Singer and actress Miley Cyrus of “Hannah Montana” Disney Channel television fame legally changed her name last month from her birth name of “Destiny Hope Cyrus” to “Miley Ray Cyrus,” a name that she already had been known by in some circles.
Speaking of proposed name changes . . . Maybe it was an urban legend from my childhood, but I can specifically recall my grandmother telling me the story of an “Ima Pigg” and her sister “Ura Pigg,” who reportedly hailed from somewhere not too far from here in South-Central Illinois.
Whatever! Not sure that I understand the concept behind the video, but “Whatever It Takes” by Lifehouse certainly can stand alone as one great song.
Tuesday, February 05, 2008
Well, That’s Just Super: Today is primary election day in Illinois and more than 20 additional states. By the time most people read this b-law-g, I hopefully already will have cast my “Super Tuesday” ballot in support of Barack Obama.
It’s In THEIR Hands: I’m not sure how late I’ll be able to stay up tonight to watch election coverage. Including jury selection, today is the first day of a likely two day trial for me at the Jasper County Courthouse in Newton. My client is facing a felony allegation of Aggravated Battery stemming from an early morning brouhaha outside of a bar. One of the first things I reviewed (at about 4 a.m.) today before digging back into my trial materials was a sensible and accurate piece on the topic of trial advocacy published recently in The Times of London.
Good Riddance: So, Texas Tech basketball coach Bob Knight has resigned. Good news as far as I am concerned, because the man has unresolved self-control issues. College athletes shouldn’t have to tolerate abuse from an alleged “coach” any more than they should have to tolerate such behavior from an English professor. Meanwhile, generally speaking, yelling - especially at impressionable young adults - usually should be reserved for the purpose of being heard . . . rather than the purpose of berating someone.
Wednesday, February 06, 2008
A Perry Mason Moment: It doesn't happen very often, but an "attack of conscience" brought this week's jury trial (discussed in yesterday’s b-law-g) to an abrupt end yesterday afternoon. On the witness stand and under oath, a key prosecution witness eventually confessed that the story originally told against my client was not true. After a brief recess - to deal with the shock of the situation - the charges against my client were dismissed.
Can They Be Fair? As usual, the pre-trial jury selection process had its moments of interest. Several jurors were eliminated from consideration after indicating that they could not be fair to my client based solely upon an accusation against him . . . which accusation turned out, of course, to be false. I wonder what those people are thinking now. Embarrassed, maybe? They should be. I do have to give them credit, though, for being honest enough to admit to their prejudices. Sadly, sometimes cases can be won - or lost - during jury selection. It’s a very important part of the legal process.
Thursday, February 07, 2008
Shocking News: Coming back from lunch yesterday, we learned that a friend had attempted to commit suicide. Our thoughts are with this person . . . and her family. A hospitalization continues. Anything else that may have happened Wednesday is purely secondary.
“Beyond The Court’s Jurisdiction,” said the Judge: I appeared in court yesterday in several ongoing matters and was called upon to present a rather unusual defense in one case. In fact, though, it was the second time in recent months that a client of mine had died . . . which, of course, results in the immediate dismissal of all pending prosecutorial actions.
One Day Down, 39 To Go: So far, I’m keeping up with my Lenten health-related program (discussed above in Sunday’s blawg) . . . in each and every aspect. It hasn’t been easy, but then again I didn’t think that it would be. It’s a challenge.
Friday, February 08, 2008
A Disappointing Trend: Here’s a fact pattern that I seem to be observing more and more, lately, as an attorney:
1. Married woman actively seeks out - and engages in relationship with - an object male. 2. Woman’s extra-marital activity is uncovered. 3. Woman promises change, but continues to seek contact with object male. 4. Further extra-marital activity is uncovered. 5. Woman’s explanation: “It’s not me. It’s [object male]. He just won’t leave me alone.” 6. Woman’s false accusation becomes a matter of public concern.
Analysis: Almost always without exception: It wasn’t the first time; it won’t be the last time; and a person can usually locate the tracks that belie the false accusation, swiftly and certainly . . . if one knows where to look for them.
Saturday, February 09, 2008
Above Political Influence? As an attorney whose practice regularly includes defense work, I occasionally freak out when a judge sets “bail” in an amount of money that the defendant cannot possibly reach. That’s highly improper. But a judge whose biggest worry is his / her public popularity, rather than justice, will regularly set improper bail amounts. If the evidence indicates that a defendant is too dangerous to be set free, then he / she should simply be held “without bail.” Period. But setting bail in an improperly high amount is just lazy. It also sends the message that personal freedom is for sale in our system. At least some courts take this issue seriously, according to the American Bar Association, which recently reported the censure of a judge in Michigan for setting grossly excessive bail amounts.
Sunday, February 10, 2008
Illinois’ Creepy Primary Election Voting System: If ever I needed a weekend break . . . Well, it’s been a very busy last several days, what with all the personal matters, the jury trial stuff, last Sunday’s Super Bowl and then - two days later - “Super Tuesday,” our very own primary election. Regardless of the final totals, two truths are once again self-evident in our state: 1. Too few Illinoisans vote. 2. Our current primary voting system invades personal privacy and, thereby, infringes upon an individual’s freedom to vote for the candidates of his / her choice.
The Illinois statute on primary voting is a big part of the problem:
Of course, this is the reason why so many people are squeamish about voting in an Illinois primary. When I was a press aide to a state officeholder (Jim Edgar) in the mid-1980s, a number of media people explained to me that this is the reason they planned to NEVER vote in a primary in our state. I don’t blame them.
Our politicians have promised for decades to change this creepy system. But, as is the case with so many issues over the years, they simply haven’t gotten the job done. Seems they all have other priorities. Such as finding out who selected their team’s ballot.
Back in 1958, the U.S. Supreme Court ruled in the case of NAACP v. Patterson that a white supremacist state government - in power at that time in Alabama - was not entitled to NAACP membership rolls. The Court ruled 9-0 in support of the NAACP’s refusal to provide membership information, citing the individual’s right to associate freely with whomever he / she chooses. Alabama’s white supremacist government could not show a “compelling” governmental interest to justify its mischievous demand. Likewise, the right to vote is a cherished and time-honored right in our nation - and political bosses in state government have no compelling governmental interest in knowing your politics.
[Note: In the interest of full disclosure, I must tell you that an Illinois appellate court held in 1987 - in a short and very limited opinion from Cook County - that “one’s party affiliation does not constitute a privacy right under the Illinois Constitution,” and the Supreme Court of Illinois never ruled upon the matter after failing to accept the case for review].
P.S. Did you happen to notice also that your ballot wasn’t folded on Tuesday - and did NOT come equipped with its usual outer covering - conveniently giving all persons nearby ample opportunity to view your purportedly private selections? Our voting process is supposed to involve a certain degree of privacy, isn’t it? If not, then why do they even bother directing us into those PRIVATE VOTING BOOTHS . . . COMPLETE WITH PRIVACY CURTAINS?
QUESTION: As it stands right now, is there anything in the law that would stop some Larry Flynt type - or even your local newspaper - from publishing a complete person-by-person rundown of political party primary voting choices in Illinois? ANSWER: I don’t think so. |
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