Comments on: Posting Convergence http://patterico.com/2008/04/19/posting-convergence/ Harangues that just make sense Sat, 05 Jul 2008 05:00:19 +0000 http://wordpress.org/?v=2.3.3 By: offinnaTorm http://patterico.com/2008/04/19/posting-convergence/#comment-349196 offinnaTorm Sat, 21 Jun 2008 01:08:22 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-349196 Hello, I'm newer here and stopping in to say hi. I hope everyone has a good day. Jaeric Hello,

I’m newer here and stopping in to say hi.
I hope everyone has a good day.

Jaeric

]]> By: adam reposa http://patterico.com/2008/04/19/posting-convergence/#comment-335108 adam reposa Sun, 20 Apr 2008 14:09:52 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-335108 Thx. This has the entire defense bar divided in Austin. All the down and dirties are ready to get down and dirty over a judge and prosecutors trying to remove a defense lawyer and all of the ivory towers who have seen me climbing up the tower want me gone because of my brash style and coarse attitude. But at the end of the day my client won't have a DWI conviction! Even if it costs me my license, the state is not going to delay the trial 3 months until he has served his state jail sentence and then get him to plead just to get out of jail! Not on my watch Thx. This has the entire defense bar divided in Austin. All the down and dirties are ready to get down and dirty over a judge and prosecutors trying to remove a defense lawyer and all of the ivory towers who have seen me climbing up the tower want me gone because of my brash style and coarse attitude. But at the end of the day my client won’t have a DWI conviction! Even if it costs me my license, the state is not going to delay the trial 3 months until he has served his state jail sentence and then get him to plead just to get out of jail! Not on my watch

]]> By: nk http://patterico.com/2008/04/19/posting-convergence/#comment-335107 nk Sun, 20 Apr 2008 14:01:17 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-335107 Thank you for replying. FWIW, I think a judge participating in a plea agreement, except for approving or disapproving a sentencing recommendation, is a very, very bad idea. Sorry that you were the lightning rod for the things that could go wrong with such a procedure. Thank you for replying. FWIW, I think a judge participating in a plea agreement, except for approving or disapproving a sentencing recommendation, is a very, very bad idea. Sorry that you were the lightning rod for the things that could go wrong with such a procedure.

]]> By: adam reposa http://patterico.com/2008/04/19/posting-convergence/#comment-335104 adam reposa Sun, 20 Apr 2008 13:25:17 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-335104 I wasn't thinking then, but I am being railroaded now!! Look I try every DWI I can no matter how bad the facts because you will get less time from a jury than if you plead guilty. Free bite at the apple. This judge is very lenient on punishment, but she does not make it easy to get a day in court. I had a jury out on a .105 breath test case where my client got in a wreck and urinated on himself. During deliberations I told the judge "I don't know" meaning about the verdict and she said emphatically "what you client who blew over the limit and peed on himself might be guilty!" Jury acquitted. She looked absolutely exasperated on March 11 from my mere presence when I arrived from Dallas, and we go into court where the RECORD shows that the first thing she tells my client is "you have been in since November" (he was sitting out 7 months state jail on an unrelated case but had all the time he needed--judgementproof). POINT--judge knows the max can't hurt him. Then proceeds to tell my client --there are pros and cons to having a trial, I try to tell him that there is no con you have all the time in the world "Mr. Reposa be quiet, Mr. Prosecutor please read Mr. XXXXXXX the offer. So I whisper in my clients ear "Make them pick a jury, they will dismiss your Fucking marijuana weak ass bullshit DWI where you were stopped for inspection stickers!" the the prosecutor "Judge let the record reflect Mr. Reposa is still whispering in his client's ear!" That is when I made the gesture, under the bench I thought. "I saw that says the Judge!" Now she goes into court and says "He looks me in the eyes, makes the gesture and rolls his eyes" Then why does the record say "I saw that" Because they want me out of practice. C'mon CCA. Simply she and I don't get along. She introduces me to jury panels as a young lawyer, I stand up and ask the record to reflect I have tried over 50 DWI jury trials. She thinks I am disrespectful, and I won't make any more public comments. Again c'mon CCA I wasn’t thinking then, but I am being railroaded now!! Look I try every DWI I can no matter how bad the facts because you will get less time from a jury than if you plead guilty. Free bite at the apple. This judge is very lenient on punishment, but she does not make it easy to get a day in court. I had a jury out on a .105 breath test case where my client got in a wreck and urinated on himself. During deliberations I told the judge “I don’t know” meaning about the verdict and she said emphatically “what you client who blew over the limit and peed on himself might be guilty!” Jury acquitted. She looked absolutely exasperated on March 11 from my mere presence when I arrived from Dallas, and we go into court where the RECORD shows that the first thing she tells my client is “you have been in since November” (he was sitting out 7 months state jail on an unrelated case but had all the time he needed–judgementproof). POINT–judge knows the max can’t hurt him. Then proceeds to tell my client –there are pros and cons to having a trial, I try to tell him that there is no con you have all the time in the world “Mr. Reposa be quiet, Mr. Prosecutor please read Mr. XXXXXXX the offer. So I whisper in my clients ear “Make them pick a jury, they will dismiss your Fucking marijuana weak ass bullshit DWI where you were stopped for inspection stickers!” the the prosecutor “Judge let the record reflect Mr. Reposa is still whispering in his client’s ear!” That is when I made the gesture, under the bench I thought. “I saw that says the Judge!” Now she goes into court and says “He looks me in the eyes, makes the gesture and rolls his eyes” Then why does the record say “I saw that” Because they want me out of practice. C’mon CCA. Simply she and I don’t get along. She introduces me to jury panels as a young lawyer, I stand up and ask the record to reflect I have tried over 50 DWI jury trials. She thinks I am disrespectful, and I won’t make any more public comments. Again c’mon CCA

]]> By: nk http://patterico.com/2008/04/19/posting-convergence/#comment-335084 nk Sun, 20 Apr 2008 04:47:50 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-335084 adam #6, You sound to me like a very talented, dedicated and energetic lawyer. Some advice FWIW. Credibility is everything in the courtroom. Whether it's before a judge or a jury. Appear more dignified, more prepared to try your case, more knowledgeable than the judge himself. A poor judge will be intimidated by it. A good judge will appreciate it. And what the hell were you thinking when you did the thing that got you held in contempt? adam #6,

You sound to me like a very talented, dedicated and energetic lawyer. Some advice FWIW. Credibility is everything in the courtroom. Whether it’s before a judge or a jury. Appear more dignified, more prepared to try your case, more knowledgeable than the judge himself. A poor judge will be intimidated by it. A good judge will appreciate it.

And what the hell were you thinking when you did the thing that got you held in contempt?

]]> By: Eric http://patterico.com/2008/04/19/posting-convergence/#comment-335073 Eric Sun, 20 Apr 2008 04:00:07 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-335073 Moral of the story? You can get away with a lot of things in life, but one thing you can't get away with is pissing off a judge. Who here didn't know that already? Hands? Moral of the story? You can get away with a lot of things in life, but one thing you can’t get away with is pissing off a judge.

Who here didn’t know that already? Hands?

]]> By: adam reposa http://patterico.com/2008/04/19/posting-convergence/#comment-335067 adam reposa Sun, 20 Apr 2008 03:39:15 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-335067 Actually, Carlos Garcia is one of the best lawyers I know. He is working on the Yogurt Shop Murders, which as many of you may know is the biggest crime in Austin's history. I have heard people claim that I have not learned anything from this episode and that is not true. When you are charged with contempt, don't ask your buddy to squeeze you in between Capital Murder pre-trial hearings. Ha!! Actually, Carlos Garcia is one of the best lawyers I know. He is working on the Yogurt Shop Murders, which as many of you may know is the biggest crime in Austin’s history. I have heard people claim that I have not learned anything from this episode and that is not true. When you are charged with contempt, don’t ask your buddy to squeeze you in between Capital Murder pre-trial hearings. Ha!!

]]> By: DRJ http://patterico.com/2008/04/19/posting-convergence/#comment-334937 DRJ Sat, 19 Apr 2008 20:09:57 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-334937 Aplomb, I agree. Shhh, NK. Good job but don't let any feminists hear you say that. Aplomb, I agree.

Shhh, NK. Good job but don’t let any feminists hear you say that.

]]> By: nk http://patterico.com/2008/04/19/posting-convergence/#comment-334931 nk Sat, 19 Apr 2008 19:21:09 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-334931 I had a somewhat similar case. The judge found my client guilty strictly in accordance with the law but sentenced him to "work release" -- he spent his weekends in jail. There was a lot "the victim is no angel and not truly a child either" involved. I had a somewhat similar case. The judge found my client guilty strictly in accordance with the law but sentenced him to “work release” — he spent his weekends in jail. There was a lot “the victim is no angel and not truly a child either” involved.

]]> By: Aplomb http://patterico.com/2008/04/19/posting-convergence/#comment-334930 Aplomb Sat, 19 Apr 2008 19:14:21 +0000 http://patterico.com/2008/04/19/posting-convergence/#comment-334930 Weird convergence indeed. I'd say Reposa is a much better lawyer for securing 90 days for sexual assault of a 14 year old than the lawyer representing Reposa who secured the same time for a wanking gesture. That should certainly be punished by a weekend in jail perhaps, but 90 days in jail is ridiculous. I think an appropriate punishment would be 90 days suspension of his bar license, but there's really no way to coordinate that type of thing between the state courts and the state bar. On the plus side, if Reposa fails his appeal and spends significant time in jail, he could always bring a bunch of business cards and build up his client base. Weird convergence indeed. I’d say Reposa is a much better lawyer for securing 90 days for sexual assault of a 14 year old than the lawyer representing Reposa who secured the same time for a wanking gesture. That should certainly be punished by a weekend in jail perhaps, but 90 days in jail is ridiculous. I think an appropriate punishment would be 90 days suspension of his bar license, but there’s really no way to coordinate that type of thing between the state courts and the state bar.

On the plus side, if Reposa fails his appeal and spends significant time in jail, he could always bring a bunch of business cards and build up his client base.

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