The Key Legal Blawg

Child's Play.. Not

2006-11-24T14:36:00.000-06:00

I guess I'm on this rant today because I had a child in my office crying. This is not the first time and it will not be the last. I see these children torn apart way to often. This child with a still solemn little face told me what her father had said to her. "Go ahead live with your mother. She is a B**** and you are just like her." This baby loves her father and will never understand why her father hates the part of her that is like her mother.

So very many times in a divorce the children become the parents. This happens because parents try to hurt each other through the children. Mom says "Your Dad is so mean. If he would only pay YOUR child support I could take you to the store and buy you a new bike." Dad says, "If only your mother would use the money I send her for YOU. She spends all of YOUR money on HER clothes." The child tells each parent what the other has said. Using the children as a go-between for your issues gives children power they can not handle. They should not try and cope with these problems. Divorce is hard enough on children without your burdens placed on their shoulders.

Children also hear every mean hurtful thing you say about your spouse. Your wife is still their mother. Your husband is still their father. You are divorcing each other not the child. Your child still loves their father and mother no matter how mean crazy and perverted they have become to you. Many judges in Alabama's Family Courts send parents to class to learn how to behave. This does not happen until after the divorce papers have been filed. By the time a divorce is in court the child has already heard enough pain to last a life time.

Watch what your children see and hear. Just because you do not see them does not mean that they can not hear you talk to others or each other. Children slip around to find out what is going on. When they hear you let them hear that you are in control of your emotions. Let them know that no matter what is going on your love for them will not change. If you can quit loving your child's other parent the child thinks that you will quit loving him. If you are having marital problems be very careful.

Lennon and You

2006-11-04T06:47:00.000-06:00

Most everyone possesses some property at the time of their death. Wills are the best way for you to let your desires known about how your possessions should be handled after your death. A well-written will eases the transition for survivors by transferring property quickly and avoiding many tax burdens. While it is difficult to think about death, it can give you great peace of mind and reduce the burdens of your loved ones. If you die without a will, The state of Alabama decides what happens to your property. The law attempts to distribute the property according to what most people want, but it does not always work that way. Without a will your property goes to relatives. Your spouse and children will take your property. If you have no spouse and no children, your parents will take your property. If your parents are not alive then your siblings, grandparents, and children of the grandparents take your property. If no close relation can be found, the property will eventually belong to the state. If you leave behind a girlfriend or boyfriend, you will not be able to provide them with any inheritance unless there is a valid will. If there are people whom you do not like or trust, you may choose to disinherit them with a valid will. Naming a guardian for your children after your death is a valuable benefit that a will can provide. The court is not bound by the naming of a guardian in a will. However, the court will certainly consider it. This is often the only way to make your wishes known after you have died. Bereaved love ones often come into my office with a power of attorney assuming that they can use this to take care of the matters left unattended by their love ones’ death. A power of attorney is effective only while the person who signed it is alive. Once that person dies, the power of attorney is no longer effective. It terminates immediately upon the death of the loved one.

Only an attorney can legally draft a will for a person, unless a person tries to write his own will. Personally written wills are often incomplete, and not valid under Alabama law. An invalid will is worthless. Kits for writing a will are normally not state-specific. If your will fails to follow the law of Alabama, it will be invalid.

Imagine no possessions
I wonder if you can
No need for greed or hunger
A brotherhood of man
Imagine all the people
Sharing all the world...
Imagine
By John Lennon

John Lennon, who could imagine no possessions managed to accumulate a great deal of wealth and possessions before his death. He made his wishes known to the world through his will. Even though you do not have the property or wealth of John Lennon, you need to make a will right now because no one knows about tomorrow. If you would like to read Lennon’s will it is on the internet at this site. The wills of Elvis, Nixon, Marilyn Monroe, Princes Diana and others are also found there. http://www.courttv.com/archive/legaldocs/newsmakers/wills/

Just Shoot Me In The Head

2006-08-09T09:43:00.000-05:00

It has been almost a month since I have Blawged. It has been a very busy time. I have been to the beach with other criminal defense attorneys. This was a very good time. I learned many useful things. I learned or re-learned techniques that will help me to be an even better lawyer. I guess I really need a refresher. Two of my clients were found guilty before I left. The reason... I allowed them to persuade me to let them testify. They both were terrible witnesses. The first told way too much and admitted way more than he had to. He just volunteered information that he thought would be helpful for him. It was not. The other was a very smart person. This person (Probably the smartest person that I have represented.) thought that the jury could not detect an obvious lie. I guess thinking you are the smartest best liar in the world does not help you win your case. I had told them both, "Just tell the truth. Do not volunteer any info. Answer the questions truthfully."
I’ve been trying another case this week. The Judge asked me if I were going to put the defendant on the stand. I told the Judge, "If I ever let a defendant talk me in to putting them on the stand again PLEASE JUST SHOOT ME IN THE HEAD." It was a lesson well learned. The jury took about 40 minutes to return a not guilty verdict.

Not My Kind of Place

2006-07-11T07:46:00.000-05:00

I went to McDonald’s on Saturday. I was out yard selling and just needed a cup of coffee. That should have been an easy thing to get. I was at a place that was suppose to be a happy place. Maybe it is not that at the drive through. Anyway, I waited for a long time in line. The car ahead of me gave up and drove off. I drove up to the little speaker to place my order. Nothing happened for many minutes. Finally a small whisper in static said something. I placed my order. It was not complicated. I ordered a large coffee and a large soft drink. There was no reply. After some moments I drove to the first window. A young polite lady was there to take my money. I gave it to her and told her that it was hard to hear and understand her on the speakers. A woman standing behind her turned to me. She had been eating the pickles and was all sour and puckered up. She told me that it was her over the speaker and not her girl. She stomped off. I found out later that the brusque woman was the store manager. I drove to the next window where after an amount of time had elapsed I was handed two small cups. I told the girl at that window that I had ordered two large drinks. The surly manager told her that I had not ordered large drinks. I could see and hear the manager through the closed window. She spent several minutes yelling about me to everyone in the restaurant. She told them that I did not order large. She mimicked me. She made a spectacle out of herself. She did not offer to make the drinks right. She never said that if I paid the difference she would get me the large drinks. She just continued with her ridicule of me. I finally motioned for the young lady to open the window. I gave her the drinks back and asked for my money to be returned. She did this with an apologetic look. Her manager had a look of self-satisfaction on her face. I went across the street to Burger King where they did it my way. They were very congenial and friendly. This morning I wrote an E-mail to McDonald’s. I hope that the clown that runs the McDonald’s corporation will do something about their service.

Sex Offenders

2006-07-06T05:01:00.000-05:00

We have a problem in Alabama with sex offender notification laws. We should have predatory sex offenders register and have the community notified. In Alabama we treat all types of crimes as if they were predatory. Child molestation by an adult is a predatory crime. Sexual torture and first degree rape are also predatory crimes. We require individuals who have been found guilty of these crimes register as sex offenders. We also notify the community where they move so that neighbors will know of the danger.

The problem in our state is that we require others to be put on the list and the community notified. Often a man can be charmed by an experienced young lady into a sexual act. I know of one case where the young man was not experienced in sexual matters. The 15 year old went to his home. Took off all of her clothes. She seduced him. He was found guilty of rape 2nd. Rape 2nd is a crime no matter who is at fault. This young man will be on the list of sex offenders for the rest of his life. He is very unlikely to engage in this behavior again. I know of another case where a 15 year old went to a party with the drugs. She got the guy high and took him into the bedroom. She performed the acts on him. She wanted him to marry her. He did not. She had him arrested for rape 2nd.

Rape 2nd is not the only offence in Alabama that requires registration. Promoting prostitution, incest, indecent exposure, Public display of obscene sticker or sign may also require a person name to be put on a list of sex offenders. The inclusion of so many on the list only causes confusion as to which offenders pose real threats to public safety.

The US House of Representatives has before it a bill (H.R. 4472) that requires youth in the juvenile justice system to register on the national sex offender registry and also on Alabama's state registry which currently excludes some juveniles. The research shows that youth sex offenders have low re-offense rates (3-8%). Over 90% of arrests of children for sex offenses represent a one-time event that will never recur.

This is a link that will take you to the serious sex offender list. You can see who has been convicted and lives in your area.
http://community.dps.state.al.us/

WAKE UP

2006-07-05T07:50:00.000-05:00

It seems that the marketers of sleeping pills have been staying awake to get us to believe that we are not getting enough sleep. Global sales for all sleeping pills, called hypnotics, will reach $5 billion in just a few years. "The pill-taking is real but the refrain that Americans are sleep deprived originates largely from people funded by the drug industry or with financial interests in sleep research clinics." said professor Daniel Kripke of the University of California
Medco Health Solutions, a managed care company, informs us that the number of adults aged 20-44 using sleeping pills has doubled from 2000 to 2004. In years past sleep problems were commonly reported in the elderly. Now even 10 year olds are using sleeping . This may be because of using the pills as a part of the management of attention deficit hyperactivity disorder (ADHD).

Now the kicker is that people who sleep less than 8 hours a night live longer, are successful, and make more money. For more info on this sleep study go to this link. http://www.livescience.com/humanbiology/060323_sleep_deprivation.html

My Army Sargent father had the right idea. If I stayed up too late at night he would wake me up that much earlier the next morning. I do not have trouble falling asleep unless I stay up past 11 p m. If I do have a problem I just listen to old law professors drone on. I wake up somewhere after 4 a m but by 5 a m every morning. This has been very helpful for doing work without being interrupted by the rest of the household. This is when I do my Bible study and prayers. This is the time that I work on idea’s for cases. It is wonderful to know that because of my sleep schedule I get more done and will probably live longer. I will have to shave off a few more hours each night to make more money though.

Tax Free

2006-07-04T06:16:00.000-05:00

In 1774 the US consisted of 13 colonies who sent delegates to Philadelphia Pennsylvania to form the First Continental Congress. The colonies were under the rule of England's King George III. The delegates were unhappy with England, but were not yet ready to declare war. The colonies were concerned about the taxes that had to be paid to England. A committee to draft the Declaration of Independence included John Adams, Benjamin Franklin, Philip Livingston and Roger Sherman. Thomas Jefferson was the actual writer of the first draft of the declaration. Jefferson's version was revised byBenjamin Franklin and John Adams before it went to the Continental Congress where they also edited the document. A vote was taken late in the afternoon of July 4th. Of the 13 colonies, 9 voted in favor of the Declaration.To make it official John Hancock, President of the Continental Congress, signed the Declaration of Independence. It is said that John Hancock signed his name "with a great flourish" so "King George can read that without spectacles!."

Alabama will have its first "tax holiday" beginning at 12:01 a.m. on Friday August 4, 2006, and ending at twelve midnight on Sunday August 6, 2006. Certain school supplies, computers and clothing will be free of state sales or use tax, though local taxes may apply. More specific information and phone numbers can be obtained by visiting the link below:
http://www.revenue.alabama.gov/salestax/SalesTaxHol.htm

A Day in the Park

2006-07-03T07:35:00.000-05:00

Saturday my daughter and I met a friend and her little girl at Spring Park in Tuscumbia, Alabama. Both of the girls are under age eight. They had a grand time riding on the rides. They both really liked the train and rode it several times with out getting off. When it started to turn dark we went to the other side of the park. The park has a natural waterfall and a pond. Lights and fountains have been installed there. On some nights the lights and water dance with music that is operated by computer. It is a lovely calming activity for adults and a time for young people to dance. We were there a little early. My friend and I were sitting in my car. The girls were turning cartwheels on the grass. Several people walked down from the area of the waterfall toward us. There was something menacing about the way they moved. They were all large people. They were not exactly fat but big all over. As they approached everyone stopped and watched them descend from the falls. When they got even with the girls one of them, a female, took an intimidating stance. She had her fist clenched and moved toward my daughter. She said, "Yo better take you're eyes off me. What Yo think youre looking at B...h. "I still had my seat belt on and was on the drivers side of the car. My friend was on the passengers side. Across my friend through the opened window. I said, "that is my daughter leave her alone". The Amazon said "Yo better get her eyes off of me I'll whip Yo f...ing white A.." It has been a very long time sense I have felt the hot rage that I felt at that moment. I could not get to her before she could get to my daughter. To distract her I grabbed my cell phone and dialed 911. The girls got into the car as she continued to cuss me. I told her that I was calling the police. As the dispatcher came on line, the gaggle of hoodlums and the bully scurried toward their cars. There were too many of them to squeeze into a large black catty eight of them got into a white dodge. The dispatcher wanted to know if they were still in the park. I told her that they were attempting to leave. She asked me to keep them in sight until she could get an officer there. They were shrewd enough to go into Sheffield, which is another police jurisdiction. The officer who was on the cell phone from Sheffield was not only unhelpful he was rude. He was not going to waste taxpayer dollars to aid me and my friends. I continued to follow them until they turned up a dark street and stopped. My friend was yelling for me to stop and turn around. She had been saying this for some time. I just could not stop. I was going to take care of them if the cops could not. My friend grabbed my arm and said, "Rebecca, please do not go in there I'm afraid". The children started crying that they were frightened. With all of the limited self-control that I could muster I turned the car around. Now that the adrenalin is out of my system I know that I endangered all of us. We returned to the park. The girls had a great time dancing while I became calmer listing to the music and watching the water dance.

2006-07-01T06:57:00.000-05:00

John Isaac will be 16 years old tomorrow! This is my youngest son. He has already surprised me this week by getting his shoulder length hair cut. He use to go to a private school that required him to have his ears showing. Now he goes to a public school that allows his blond curly hair to be long and flowing. It will not take his hair long to be long again. I guess it will be next summer before he gets another haircut. He gets his moneys worth at the barber shop.

John Isaac is doing the required paper work to receive his Eagle Scout rank. He has been in scouts starting as a Tiger Cub. He had on his orange T-shirt with black paw prints on it for every achievement he completed. When He was a cub scout the scout master took him by his waist and turned him upside down to give him a pin for an advancement. He was no taller than my waist then. Now he is taller than the scout master. He is over six feet tall.

I use to have to plead with him to practice his piano. He fought me over that. Every moment he had to spend doing the scales seemed painful. Today he plays the guitar. He is in his room for hours playing and practicing. He sings in the church choir and plays the guitar for the praise band.

I remember when he was going to have his first spelling bee. I worked with him on it past his endurance. He got the list and tore it up so that he did not have to do it any more. He won the bee. I do believe that was the last time I ever tried to make him study.

He is totally self sufficient. That is a hard sentence to write. I have three competent men that are self sufficient. Yesterday they were each a baby held in my arms or holding my hand. John Isaac will be 16 tomorrow

Girls and Perverts

2006-06-10T07:01:00.000-05:00

I've gotten several comments in the last couple of days about my post on June 8th. There needs to be some clarification about my post "A GOOD DAY". In the writing I called the alleged victim a girl. When you get as old as I am any female under the ages of my grown children are girls. The young lady in question is as old as my client and maybe even older. He is immature for his age which is 19. He was working in a food joint. He was in the walk in cooler when the lady came in. After some horsing around he tried to feel her up ( I do not know what young people call it now). Every one had their clothes on. That same night she went back into the cooler with him and they did it again. (Maybe you would call it light petting. Every ones clothes on - hands on the chest area.) There were others who were at the business. Several other employees a supervisor and customers. The young lady made no complaints to any of these people. She told her mother something when she got home. The next day when she came to work she made a report. Her mother called and called until they had to let the young man go. Neither person works there now. Her mother calls his family and makes threats and calls them names. He is a volunteer at an organization that helps feed the poor and provides them with clothing. The mother has started calling this organization and asking how a Christian group could have a rapist working there. She is calling other volunteers at home. She is calling the DA's office demanding that my client be sent to prison. She is talking to everyone she knows or does not know. She is claiming that the DA and the PD will not protect women from rape. My client is not charged with rape he is charged with sexual abuse which is a real stretch. However, if he is convicted he will not get any prison time but he will be on Alabama's pervert list for the rest of his life.

This is a law that needs to be changed. As a mother and grandmother, I understand not wanting to live unknowingly next to a child abuser. But everyone gets on the list here. If you are a man who has sex with an underage female no matter the circumstances you get put on the list if convicted. (There was a case not long ago where the girl told the boy that she was older. She looked really older. She was the aggressor. She kept after him to the point of taking off all of her clothes before he would do any thing. He was a virgin she was not exactly pure. The law is the law he was convicted and he is now on the list forever.) If you are convicted of exposure or a many other crimes you go on the list. Now the list means nothing. Who are the real perverts? No one knows!!

A Good Day

2006-06-08T06:55:00.000-05:00

Yesterday was a good day. My mother had another stint put into her heart. This was a very complicated procedure because small branches ran off the artery where the blockage was located. The procedure took longer this time. Mother is a poor risk as she is 84 years old and a diabetic with poor liver and kidney function. The doctor had a very big smile on his face and bounce in his steps when he came to tell us that she had lived through the procedure. She is on dialysis today until the dye can be removed from her blood. She is still in danger but God is holding her hand.

While my mother was having the procedure I called several clients. I also talked to the DA who set two of my cases for jury trials next week. The trials are both very interesting. One is a young lady charged with Robbery 1st. There were others who did the Robbery and have cut deals to testify against my client and her husband. The other a young man charged with sexual abuse. This is a case that the DA should have dismissed but the girls mother is very pushy. She is putting pressure on the friends, family and employers of the young man. She calls and harasses them and threatens them. Apparently she has been doing the same type of thing to the members of the DA's office. Even if everything they say happened is true, it amounts to a childish attempt to be funny. The girl must not have been too upset. She let it happen two times and did not complain about it until her mother made her.

Today as I sit outside of the CCU I will be going over these cases.

Humility Wins

2006-06-07T07:58:00.000-05:00

Good day all,
Last night in Russellville Alabama we had an old fashion block party. For as long as I can remember folks from all over the county come to the courthouse on election night. The votes are counted and put on a screen. It use to be a chalk board. The race that was most watched this season was the race for Circuit Judge. The incumbent, Judge Sharon Hindman Hester, was challagend by a local attorney, Terry Dempsey.

This race gave voters a clear choice. Judge Hester has a very intimidating manner. Dempsey is humble in his demeanor. Judge Hester has no children and has stated that she does not want to have this responsibility. Dempsey has a son, twin girls, and another little girl. Dempsey ran an old fashion campaign. He went door to door and tried to meet every voter. Judge Hester sent out 4 or 5 letters to each household in the circuit.

Terry Dempsey's law office is located in the block next to the courthouse. He had refreshments set up to thank his supporters. As the votes were being counted voters strolled between the courthouse and the refreshments. Smiling people from every station and walk in life were mingling together. Some where just talking some where singing and some were dancing. This is a dry county so there was no booze involved. Still as the votes continued to pile up for Dempsey, voters looked unnaturally happy.

At the end of the evening the vote was 2 to 1 in Terry Dempsey's favor. It will not be until January 2007 that he will take office.

6-6-6

2006-06-06T07:46:00.000-05:00

Today is an important day around my house. This is primary day and our income depends on the outcome. My husband, Robert, serves at the pleasure of the Governor. He is on the Board of Equalization for Jefferson county. He has done this work for about eighteen years. My law practice is dependent in large measure on the whim or mood of the person sitting on the bench. The judge can and does influence the way of a trial. Both the Governor and the Judge are up for election today. I thought the date was of interest. So did others. I got this in my e-mail last night.

666: The Number of the Beast(see Rev 13:18)

A Fun Collection of Beastly Numbers
666.........................................................Biblical Number of the Beast
660.........................................................Approximate Number of the Beast
DCLXVI.................................................Roman Numeral of the Beast
665.........................................................Number of the Beast's Older Brother
667.........................................................Number of the Beast's Younger Sister
668.........................................................Number of the Beast's Neighbor
999.........................................................Number of the Australian Beast
333.........................................................Number of the Semi-Beast
66............................................................Number of the Downsized Beast
6, uh..., I forget.....................................Number of the Blond Beast
666.0000..............................................Number of the High Precision Beast
665.9997856.........................................Number of the Beast on a Pentium
0.666......................................................Number of the Millibeast
X / 666...................................................Beast Common Denominator
0.00150150...........................................Reciprocal of the Beast
-666.........................................................Opposite of the Beast
666i..........................................................Imaginary Number of the Beast
6.66 x 102...............................................Scientific Notation of the Beast
25.8069758.............................................Square Root of the Beast
443556.....................................................Square of the Beast
1010011010............................................Binary Number of the Beast
1232..........................................................Octal of the Beast
29A............................................................Hexidecimal of the Beast
2.8235........................................................Log of the Beast
6.5913.........................................................Ln of the Beast
1.738 x 10289............................................Anti-Log of the Beast
00666..........................................................Zip Code of the Beast
666@hell.org..............................................E-mail Address of the Beast
www.666.com.............................................Website of the Beast
1-666-666-6666.........................................Phone & FAX Number of the Beast
1-888-666-6666.........................................Toll Free Number of the Beast
1-900-666-6666.........................................Live Beasts, available now!
One-on-one pacts!Only $6.66 per minute! [Must be over 18!]
666-66-6666.................................................Social Security Number of the Beast
Form 10666...................................................Special IRS Tax Forms for the Beast
66.6%..............................................................Tax Rate of the Beast
6.66%...............................................................6-Year CD Interest Rate
at First Beast Bank of Hell($666 minimum deposit, $666 early withdrawal fee)
$666/hr............................................................Billing Rate of the Beast's Lawyer
$665.95.............................................................Retail Price of the Beast
$710.36..............................................................Price of the Beast plus 6.66% Sales Tax
$769.95..............................................................Price of the Beast with accessories $656.66..............................................................Wal-Mart Price of the Beast
$55.50................................................................Monthly Payments for Beast
Phillips 666........................................................Gasoline Used by the Beast
Route 666...........................................................Highway of the Beast
666 mph..............................................................Speed Limit on the Beast's Highway
6-6-6....................................................................Fertilizer of the Beast
666 lb cap............................................................Weight Limit of the Beast
666 Minutes........................................................Weekly News Show about the Beast
(airs daily fromMidnight to 11:06 a.m., on Cable Channel 666, of course)
666o F..................................................................Oven Temperature for "Roast Beast"
666k......................................................................Retirement Plan of the Beast
Lotus 6-6-6..........................................................Spreadsheet of the Beast
Word 6.66.............................................................Word Processor of the Beast
Windows 666........................................................Bill Gates' Personal Beast Operating System
#666666................................................................Font Color of the Beast
i66686....................................................................CPU of the Beast
666-I......................................................................BMW of the Beast
IAM 666................................................................License Plate Number of the Beast
Formula 666.........................................................All Purpose Cleaner of the Beast
WD-666.................................................................Spray Lubricant of the Beast
DSM-666 (rev).....................................................Diagnostic and Statistical Manual of Beast
66.6 MHz................................................................FM Radio Station of the Beast
666 KHz..................................................................AM Radio Station of the Beast
66 for 6....................................................................A Beastly Score for an Innings (in cricket)
6 for 66....................................................................Bowling Figures of the Beast
6/6/6.......................................................................Birthday of Beast (but in which century?)

This collection was compiled and expanded from various sources,including anonymous e-mails forwarded by various people, and similar collections online at http://www.yamon.freeserve.co.uk/Beast.htmland http://www.dontflameme.com/jokes/2000jokes/january2000.html
Finally, for those with a mathematical mindset (and/or a penchant for gambling), note that the sum of all the numbers on a roulette wheel [1+2+3+4+...+36] also equals 666!

Boanthropy

2006-05-16T07:19:00.000-05:00

My sister and brother-in-law are both vegetarians. Lots of people are. Some are vegetarians because they want to be healthy eaters. Some want to refrain from eating animals because of sympathy for them. I've been studying the book of Daniel. The king of Babylon, Nebuchadnezzar, had a mental illness called Boanthropy.

The Peabody Institute defines Boanthropy as a condition where the sufferer believes that they are an Ox. The disease manifests itself first of all by a tendency toward green vegetables and is therefore indistinguishable from vegetarianism, however the next stage (which occurs about five months after symptoms first appear) is more unique to this particular mental condition, the sufferer will develop a liking for grass and some species of wild flowers at this stage the condition is irreversible. The third stage, characterized by mooing and snorting and the deep urge to plough fields, occurs only two months after symptoms first appear. This stage can last up to five years, but always results in coma and death, therefore it is not an affliction to be taken lightly.
There have been documented cases where the sufferer has grown horns and taken to living in a stable (Symptoms in Boanthropy and how it can be cured - Peabody et al. PBS vol 56 pg 344-350). This form of the disease can be particularly distressing for family and friends and unfortunately cannot be cured.

I'm having steak for lunch!!

Mother's Day

2006-05-12T08:23:00.000-05:00

I'm grumpy today. It could be many things that puts me into an unpleasant mood. I guess the problem now in the time of the year. I know it is spring and everything is green and renewed. It is also the time when churches clean-up and decorate the graves. My father and my daughter both need new flowers. It is also close to Mother's day. I have wonderful children and grand children. Rob is my oldest. He lives outside of DC with his wife and my youngest granddaughter. He has grown girls and a granddaughter of his own. James lives in VA with his three girls. Each one of these grand daughters are grand. I love each one of them and each one is very dear to me. John, my youngest son, is in school in Mobile. He will turn 16 in a couple of months. Hannah, my youngest child, will be eight in a couple of months. Sarah would have had her 14th birthday this month. 14 years seems like a long time but time is short in matters of the heart. I long to go to be with Sarah. My other children and grand children keep me here. They are all delightful in their own way. I also long for my children when they were little. When I think of them I see them as my little blondish boys. I am always startled when I see them and they are grown. Mother's day is a time to remember the sweet days.

Icy High

2006-05-09T08:28:00.000-05:00

When I was a hundred years younger there were pleanty of drugs to experiment with. We had everything from moonshine to marijuana to LSD. I knew lots of kids who tried everything they could find to make them high. The young people who experimented with chemicals then lived on to become hard working productive citizens.

The young people of today have a much more dangerous and addictive substances to experiment with. Crystal, ice, or meth can be extremely addictive. This drug is ingested, snorted, injected, or smoked. Smoking and injection are the most potent and the most additive. The effects of meth use are:
increased energy and alertness
decreased need for sleep
euphoria
increased sexuality
excessive talking
weight loss
sweating
hallucinations
tightened jaw muscles, grinding teeth
loss of appetite and weight loss
itching, welts on skin
nausea, vomiting, diarrhea
hyperactivity
shortness of breath
moodiness & irritability
anxiousness & nervousness
aggressiveness
panic, suspiciousness & paranoia
uncontrollable movement and/or twitches of fingers, facial & body muscles, lip-smaking, tongue protrusion, grimacing, etc.
aggressive and violent behavior
severe depression, suicidal tendencies
fatal kidney and lung disorders
possible brain damage
permanent psychological problems
stroke
death

An Old Mother

2006-05-05T07:53:00.000-05:00

Today I read that there is another woman over 60 who will give birth. This doctor in Italy has given her hormones and other medical procedures to enable her to carry the child. The woman is 62 and will have the baby in a few months. I can relate to this because I am an old mother. I'm not quite 62. I am 58. My daughter will be 8 in July.

I love this child more than words can tell. In some ways she is suffering because of my age. I don't have as much energy as I use to have. I get moody. I do not feel obligated to make her behave. I'm usually pleased no matter what she does. I do not have to control her. She frequently "talks back". Other people feel the need to make her show me the respect they believe she should show. I worry about what will happen to her when I die. I never worried about that with the others. Thoughts of my own death did not occur to me until a few years ago.

She does get some benefits from my age. I know that what is important now most probably will not be important in five to ten years. I do not have to have her be successful in order to feel my own success. That statement may be difficult to understand. When my grown children were little they were a reflection of me. If they misbehaved I worried that people would think that I was not in control. I wanted them to be the smartest kids in the world not just for them but so that I could say my son is the smartest kid in the world. I wanted them to be the best at everything. I did not think about them being the best they could be. There is a big difference between being the best at something and being the best you can be.

It is not easy being a mom no matter the age. Well, it will all work out. I did not know that things can work out without my pushing and shoving to make them work out. I know now that things work out and I do not have much control over the world. All I can do is be the best that I can be and help my children be the best that they can be.

Stints in Time and Heart

2006-03-27T06:15:00.000-06:00

There has been no activity on this blawg for some time. We have been having spring break. My little girl wanted to do many things over her break. She wanted to go to Hershey Pa to see how chocolate is made. I had several days of hearings so this was not possible. We went to the Children's museum. She had a great time. On Friday I took her and a friend to the zoo and to see the new Shaggy Dog movie. They had a great time.

On Monday my mother had two stints put into her arteries. One went into the right side of her heart the other into an artery that goes into her kidney. It is really amazing what medical science can do. Mother has too many health problems to have heart by-pass surgery. Still, what was done for her was pretty terrific. She was in the hospital for three days. She was out visiting the sick on Saturday. I think that is doing well for an 84 year old woman. In a few weeks she will go into the hospital to have two more stints to be placed in the left side of her heart.

I still did sentencing hearings and child custody hearings. I also did some divorce pretrials. All went well but for the sentencing hearings. The judge was not pleased with one client. He had a good chance of probation. However, he had been working with the police. He did not tell me this. When it got to nut cutting time, he refused to testify truthfully. He has been charged with perjury. He also got the maximum sentence in his drug sale case. It is very helpful for clients to tell their attorneys everything that is going on. If I had know what he was doing I would have been able to do a much better job.

Today everything gets back to what is normal for me. I have several juve hearings this morning. I have a brief to write and I,m getting ready for trials that will be held next week. I hope you had a good spring break. I also hope that your heart is doing well.

Good Guys Don't Wear BLACK

2006-03-15T06:19:00.000-06:00

There is something evil about black cloth. Look at Darth Vader, he was an O K guy. When he started wearing his black cape, things went downhill fast. Everyone knows that the cowboy in the black hat is up to no good. So.. Why should I be surprised that almost normal good guys turn bad when they put on a black robe? When a lawyer puts on a black robe he can become more than just a judge. I understand some evil posturing because judges have been trained in law school for combat. Still they can be talking and joking then slip on the robe and become possessed. Of course this is not true of most judges but it happens enough to require some federal funded study. If we could isolate the cause on this level we might be able to predict which 3rd world leaders will become dictators and tyrants.

Yesterday I was in a courthouse that I do not go to very often. I had two divorce cases. Two clients who needed to be heard. The judge called my first case and asked that the attorneys come to the bench. When we got close to him he told us that outside of an angel showing up and laying hands on my guy we were doomed. Now those where not the judges words but my interpretation. Still, he held his hand up into the air and said this is the mountain you will have to clime to win. This judge did not know either lawyer well. He did not know either of our clients. He had heard no testimony or seen any evidence. He said this without the court reporter so there is no proof that it happened. The lawyers involved worked out a good compromise for their clients. Everything turned out well this time. In Alabama we have a cure for black robe monarchs. We elect our judges.

OLD?

2006-03-11T06:47:00.000-06:00

Tomorrow my mother will be 84 years old. She has numerous health problems such as diabetes, high blood pressure, atherosclerosis, neuropathy, dementia, and a damaged heart, liver, and kidneys. She had a mild heart attack a couple of weeks ago. Still she is very active. Last night my sister and I took her to a movie. She is too proud to use her fancy new walker. She will not let us hold on to her. She still tells us what to do and what we are doing wrong.

She is really remarkable. She was born during the great depression. She was one of 11 children. She was the only one of her large family to finish high school. When she saw that my sister and I could do college work she knew that she could. She went back to school in her fifties. She got a B.A. in home economics and a masters is special ed. She was having trouble walking due to her neuropathy so she learned to swim. She waited until she was eighty to start swimming.

She complains every day that she does not get enough done. She still lives by herself. She does her own cooking, cleaning, and laundry. She does not like the way we do these things. We did get her to move into an apartment for the elderly this year. She did not want to do this because she does not like to be around old people. It is difficult to watch such a stubborn self sufficient woman fight mightily to stay active, independent, and in control.

Lets Not Fight Yea Right

2006-03-10T06:45:00.000-06:00

Today I am forced to go to mediation with my clients. There is a move on to get family matters out of the courtroom. The idea is a good one. Divorce, child support, and child custody do not fit well with a system that is used for money damages, misdemeanors and felonies. The problem is that we are not dealing with people who are at the most rational place in their lives. People who are going through a family fight want to win. Sometimes a couple will come to my office to do an uncontested divorce. They are reasonable. They know that the marriage is over and they are making funeral arrangements. Other times a person will come into the office trying to put the last brutal fatal knife slash into the heart of their spouse. These people want more than a divorce they want to crush there former loved one. Well, by gosh, my office is a good place to start. I like to fight. Most lawyers do or they would have become something that is a little less combative.

When you get to divorce court you want to tell your side of the story. You want the judge and the court reporter to know that the man you loved and trusted is spending your hard earned cash on a scank from the devil. You want the world to know that your beautiful angelic young bride has become a wicked whining witch. You do not want to sit and talk about being fair. If they were fair you would not have had to hire a lawyer in the first place.

Now, with all of that being said, here I am with files in hand on my way to discuss who should get the towels and the pets. One of these clients has already been to mediation for over 4 hours without any progress. How can they agree. He has ripped a child from her arms and has ripped her clothes off in the process. She has been doing drugs and doing his friends. They do not communicate well. The other case is interesting too neither the husband or wife speak a word of English. If two lawyers can not come to an agreement how can three? Well no matter I'll put away my courtroom guns and picking up my vibrator. Maybe we can gently shake them into giving us every thing. Then may they go off dig their hole and pull it in on top of them. You see I'm ready to be reasonable too.

Legal Health

2006-03-09T06:30:00.000-06:00

Yesterday I wrote about how the Grand Jury can be used by a prosecutor. I gave the example of Tom Delay and Don Siegelman. Don Siegelman's legal problems include another prominent Alabama citizen.

Richard Scrushy, CEO of HealthSouth, was accused of fraud by the U. S. Securities and Exchange Commission for directing company officers to falsify financial records. He was the first CEO in the nation to be charged under the Sarbanes-Oxley (SOX) Act. Sox is a Federal law passed after a series of scandals such as Enron and WorldCom. After being indicted Scrushy was terminated by HealthSouth's board and many of his personal assets were seized by federal investigators. Scrushy was acquitted on all 36 counts of fraud and conspiracy after 21 days of deliberation.

Just four months after being acquitted Scrushy was indicted on charges of bribery and mail fraud along with former Alabama Governor Don Siegelman. Scrushy and Siegelman are charged with conspiracy and mail fraud. The charges allege that they conspired to give HealthSouth membership and influence over a state hospital regulatory board.

Delay Siegelman

2006-03-08T06:04:00.000-06:00

Yesterday I wrote about how grand juries work using Tom DeLay's indictment as an example. Today I learn that Mr. DeLay has won the Republican primary in Texas. In Alabama's Democrat primary we have a similar situation. Don Siegelman was the governor of Alabama from 1990 to 2003. He was defeated for reelection in November 2002 by Representative Bob Riley in one of the closest statewide elections in the history of Alabama.

On May 27, 2004, he was indicted on federal charges of participating in a bid-rigging scheme with Paul Hamrick, his former chief of staff, and Phillip Bobo, a major contributor to his political campaigns. The day after his trial began, prosecutors abruptly dropped all charges against him and the others.

On October 26, 2005, he was indicted on charges of racketeering, bribery, and extortion, along with his former chief of staff Paul Hamrick, former state transportation director Gary "Mack" Roberts, and former Health South CEO Richard Scrushy. The indictment alleges that bribes were exchanged in exchange for official favors from Siegelman during his term as Governor.

Siegelman is running for reelection as Governor this year. He will face Lt. Governor Lucy Baxley in the Democratic primary.

Grand Secret

2006-03-07T06:34:00.000-06:00

A Grand Jury's meeting is kept secret. This is the way it has always been done... this is the law. Many of my clients want to know why they did not know that there was going to be a jury called. They ask "Why didn't I get to testify?" Many believe that when they go to a jury trial that this is the Grand Jury. The Grand Jury belongs to the D. A. The only evidence heard is what the state wants to be heard.

Can the District Attorney keep bringing his case in front of Grand Juries until he gets one that will do what he wants? YES. The most famous use of more than one Grand Jury is now being discussed nationally. Tom DeLay was indicted by a grand jury in TX but his attorney pointed out that the indictment did not charge an offense. After this the prosecutor said that "out of an abundance of caution," and for "other allegations" against DeLay that he would present the case to to a second grand jury. He did this on Friday, September 30, the last day of that grand jury"s term. That grand jury declined to indict Mr.. DeLay. The foreman later signed, and the presiding judge ordered filed, a document reporting that the body had inquired carefully into an unspecified case against Mr. DeLay. The document concluded, "[W]e have failed to find a bill of indictment against him." On Monday, October 3, another Travis County grand jury was convened. The prosecutor's office said that "additional information" regarding Mr. DeLay had come to his attention during the weekend of October 1st and 2nd. This evidence was presented to the newly convened third grand jury on October 3. Later the same day this grand jury returned an indictment of Mr. DeLay for conspiracy and money laundering.
The above is part of an article in the JURIST at http://jurist.law.pitt.edu/forumy/2005/10/tom-delays-challenge-to-texas-grand.php

A Woman Lawyer

2006-03-03T06:41:00.000-06:00

A number of year ago I had a car tag that said LE GAL. I have also had one that said LAWHER. Sometimes I call my self a Law et. This is all because when I started practicing law in this rural area there were very few women in the private practice of law. Times have changed. The Circuit where my office is located has only two judges both are women.

I remember being in an elevator more than twenty years ago on my way for a deposition. I had on my lawyer clothes. I had on my lawyer face. I had a nice briefcase. I was pleased with myself. A fellow attorney in the elevator with me asked if I was his court reporter. I was tempted to say yes but I told him that I was the attorney on the other side. We were off to a good start.

Another time I was called to the jail to see an inmate about representing him. I presented my self at the front desk. I was told, "go on back". The jailer was notified that a lawyer was there to see a prisoner. He came out several times and looked around. Finally he came out and said "I've been waiting for this damn attorney to show up. But the only one here is you." I told him, I am the attorney. They let girls play lawyer now."

Things have changed. I am well known. I'm gad for the change but the past was humorous.