|
ActusRhesus posted:There are times here we make deliberately lovely offers because a new habeas claim du jour is “my lawyer never told me about plea deals” so to cut that off, we make a lovely offer. Have him reject it on the record. Canvass him about his satisfaction with his attorney/understanding of the offer etc. and then go to trial. idgi, wouldn't he still have a claim for "i didn't hear about the non-lovely offers"? or is the claim that the lawyer didn't tell him about the existence of plea deals, as a thing he could seek
|
#
?
Dec 24, 2018 15:27
|
|
|
|
| # ? Apr 29, 2024 18:13 |
|
|
evilweasel posted:the claim that the lawyer didn't tell him about the existence of plea deals Missouri v. Frye, 566 U.S. 134 (2012)
|
|
#
?
Dec 24, 2018 16:11
|
|
|
evilweasel posted:idgi, wouldn't he still have a claim for "i didn't hear about the non-lovely offers"? Honestly, the entire plea deal thing is still super weird to me. Merry Christmas all you poor souls of the law thread, woe be to you absolute animals that are billing hours during the holidays and I love you all. In a few hours I'll be enjoying Ribbe and a lovely white Christmas before I engage in singlehanded combat with a Four Roses bourbon of excellent quality.
|
|
#
?
Dec 24, 2018 16:15
|
|
|
ActusRhesus posted:There are times here we make deliberately lovely offers because a new habeas claim du jour is “my lawyer never told me about plea deals” so to cut that off, we make a lovely offer. Have him reject it on the record. Canvass him about his satisfaction with his attorney/understanding of the offer etc. and then go to trial. what the gently caress are the defense attorneys in your jurisdiction doing? the instant I have a plea offer I memorialize that poo poo in writing to my client in preparation for his inevitable 2255.
|
|
#
?
Dec 24, 2018 16:31
|
|
|
All I can think of on this vacation is busywork back home. Truly, I have arrived. 
|
|
#
?
Dec 24, 2018 16:49
|
|
|
Oh they do that too. And the state writes the offer in the file. But a transcript of an on the record rejection is harder to call a fraud or a conspiracy between the state and your lying dirtbag PD* *our PDs are neither liars nor dirtbags. They just get called that all the time by habeas firm associates who have been practicing law for 5 min
|
|
#
?
Dec 24, 2018 16:50
|
|
|
Soothing Vapors posted:what the gently caress are the defense attorneys in your jurisdiction doing? the instant I have a plea offer I memorialize that poo poo in writing to my client in preparation for his inevitable 2255. They're probably pre-2012 cases before the plea colloquy was put on record.
|
|
#
?
Dec 24, 2018 16:51
|
|
|
ActusRhesus posted:There are times here we make deliberately lovely offers because a new habeas claim du jour is “my lawyer never told me about plea deals” so to cut that off, we make a lovely offer. Have him reject it on the record. Canvass him about his satisfaction with his attorney/understanding of the offer etc. and then go to trial. After Frye and Lafler, we don't start a criminal trial until the prosecution has put its final offer on the record and the defendant has rejected it and indicated a desire to go to trial. That's part of the whole reason we have a plea cut-off date.
|
|
#
?
Dec 24, 2018 23:03
|
|
|
Merry Christmas you fucks
|
|
#
?
Dec 25, 2018 15:44
|
|
|
Alaemon posted:After Frye and Lafler, we don't start a criminal trial until the prosecution has put its final offer on the record and the defendant has rejected it and indicated a desire to go to trial. That's part of the whole reason we have a plea cut-off date. Is your judge also deciding the sentence if he’s found guilty? Because if so letting the judge know the offer is BS
|
|
#
?
Dec 25, 2018 16:25
|
|
|
blarzgh posted:Merry Christmas you fucks
|
|
#
?
Dec 25, 2018 17:12
|
|
|
blarzgh posted:Merry Christmas you fucks So who is billing today? Edit: no russians.
|
|
#
?
Dec 25, 2018 19:45
|
|
|
If you’re not sending work emails from your phone today, time to git gud.
|
|
#
?
Dec 25, 2018 22:16
|
|
|
GamingHyena posted:Is your judge also deciding the sentence if he’s found guilty? Because if so letting the judge know the offer is BS Yeah. I don''t know of any courtroom in my state where the judge wouldn't be exposed to the offer. (I cannot claim to have done a comprehensive survey, though.) Of course, my state also allows judges to enter into sentencing agreements with defendants without prosecutor approval (or even involvement), so make what you will of Topsy-Turvey Land.
|
|
#
?
Dec 26, 2018 00:19
|
|
|
GamingHyena posted:Is your judge also deciding the sentence if he’s found guilty? Because if so letting the judge know the offer is BS No. It’s done by the pretrial judge.
|
|
#
?
Dec 26, 2018 01:54
|
|
|
ActusRhesus posted:No. It’s done by the pretrial judge. I think our largest county (~60 circuit judges) has felony cases broken up that way. I'm not sure if any other courts have pretrial judges or anything of the sort. In our county, you have your preliminary exam (probable cause finding) with a district judge. Once that's done, the district judge (by assignment) sits as a circuit judge and performs your arraignment. If you plead at that phase, it's also in front of the district judge sitting as a circuit judge. Other than that, everything else in your felony case is in front of my judge. Judicial involvement in plea discussions is (nominally) limited to two scenarios: Killebrew: sentencing agreement with the prosecutor. Judge can follow the agreement or not. If not, judge must state what the sentence would be without the agreement. Defendant then has the choice to affirm the plea or withdraw it. (There are also non-binding sentence recommendations, but their worth is really contained in the phrase "non-binding.") Cobbs: sentencing agreement between judge and defendant. Judge retains the discretion not to honor the agreement, but cannot say what the sentence would be in absence of the agreement. Defendant can affirm the plea or withdraw. Judge also retains the discretion to yell at the research attorney and say "why did you let me do that?" as thought the research attorney "lets" the judge do anything. Again, that's the theoretical limit on judicial involvement in the bargaining process. I suspect the majority of judges are more involved in the haggling side of things than that. I find it all mildly unsavory -- either you have a deal or you don't; negotiate on your own time, not in the judge's office -- but no one elected or appointed me to the bench. So my hot take on the plea process doesn't amount to much.
|
|
#
?
Dec 26, 2018 04:25
|
|
|
lol I got a $159 settlement check in the Bar/Bri litigation.
|
|
#
?
Dec 27, 2018 17:10
|
|
|
nm posted:So who is billing today? I've been in-house for a month, I don't bill, even though I did, obviously, work during the Western Christmas Instead I re-write contracts written in horrible Runglish (so horrible sometimes that I can't loving decipher them) into something resembling proper (and also plain) English while researching English contract law as I go along (because applicable law to all of these contracts is English law and no one knows why, or anything about English law) E: I also fix arbitration clauses, because "Arbitration Court of Stockholm" isn't a thing that exists and also if you're in Russia, you need to spell out the difference between seat and physical place of hearings for your arbitrations because both translate into the same word in Russian and sometimes judges confuse the two nutri_void fucked around with this message at 17:50 on Dec 27, 2018 |
|
#
?
Dec 27, 2018 17:42
|
|
|
Look Sir Droids posted:lol I got a $159 settlement check in the Bar/Bri litigation. I thought I got mine a couple years back, did I not?
|
|
#
?
Dec 27, 2018 18:04
|
|
|
I swear I will one day kill someone who uses a word like "hereinbefore" or "whereof" without knowing what it means and how to use it correctly
|
|
#
?
Dec 27, 2018 18:24
|
|
|
Wherefore are you such a vocabulary nazi?
|
|
#
?
Dec 27, 2018 18:35
|
|
|
Alexeythegreat posted:applicable law to all of these contracts is English law and no one knows why, or anything about English law) English law is just the standard for international cross border contracts, like either New York or Delaware is for cross state contracts in the US.
|
|
#
?
Dec 27, 2018 18:40
|
|
|
ulmont posted:English law is just the standard for international cross border contracts, like either New York or Delaware is for cross state contracts in the US. Delawhereof henceforth posthaste
|
|
#
?
Dec 27, 2018 18:45
|
|
|
ulmont posted:English law is just the standard for international cross border contracts, like either New York or Delaware is for cross state contracts in the US. I know, but the original drafters (none of whom work there anymore, lol) didn't, which shows in the contracts (I can't say why for NDA reasons). There are also some contracts with Swedish law (it's used, alongside Swiss law, as a somewhat less common middle ground law in Europe sometimes)
|
|
#
?
Dec 27, 2018 18:47
|
|
|
Look Sir Droids posted:lol I got a $159 settlement check in the Bar/Bri litigation.
|
|
#
?
Dec 27, 2018 20:16
|
|
|
I got to move offices. I have a window now.
|
|
#
?
Dec 28, 2018 21:23
|
|
|
Welcome to godhood.
|
|
#
?
Dec 28, 2018 22:25
|
|
|
I gain an additional window roughly every 1.4 years. I started out with one window. Now I have five. This is not to brag or to one up Reeses. It is merely to observe that each additional window seems to strengthen to call of the void dramatically. Exponentially. The windows are at my back. The void is howling. I try not to look behind me because it is overpowering. Eyes forward. Only on my monitor. Never on my windows. Five beautiful windows. Five sacred portals to freedom. Happy holidays all
|
|
#
?
Dec 28, 2018 23:25
|
|
|
Soothing Vapors posted:I gain an additional window roughly every 1.4 years. I started out with one window. Now I have five. This is not to brag or to one up Reeses. It is merely to observe that each additional window seems to strengthen to call of the void dramatically. Exponentially. The windows are at my back. The void is howling. I try not to look behind me because it is overpowering. Eyes forward. Only on my monitor. Never on my windows. Five beautiful windows. Five sacred portals to freedom. Happy holidays all if you have five windows without a corner office your windows are tiny and crap I have merely two windows but they take up my entire back wall. one of my mid level associates has three windows. That’s because a diagional support beam bisects one of his. the support beam symbolizes his inferiority, it is not a reward
|
|
#
?
Dec 28, 2018 23:34
|
|
|
If you don't have at least 2 square meters of windows in your office then you are not peer.
|
|
#
?
Dec 28, 2018 23:41
|
|
|
Vox Nihili posted:If you don't have at least 2 square meters of windows in your office then you are not peer. Lol evilweasel posted:if you have five windows without a corner office your windows are tiny and crap The only office with more windows is indeed a corner, with ten. I tremble before its glistening magnificence.
|
|
#
?
Dec 29, 2018 00:07
|
|
|
How would you escape the void in a corner office?
|
|
#
?
Dec 29, 2018 00:14
|
|
|
Pick a window, any window.
|
|
#
?
Dec 29, 2018 00:15
|
|
|
Seasonal windows: https://store.steampowered.com/promotion/cottage_2018/
|
|
#
?
Dec 29, 2018 00:18
|
|
|
I have a purely decorative (and inaccessible) balcony outside my office. It is used by pigeons for cloaca-related purposes. Many years before I arrived, someone lined the balustrade with spikes to deter the pigeons. Spoiler alert: they fly over the spikes. #GovernmentLife
|
|
#
?
Dec 29, 2018 00:24
|
|
|
At a christmas party. Alcohol is diminishing. Send help.
|
|
#
?
Dec 29, 2018 01:30
|
|
|
Nice piece of fish posted:At a christmas party. Alcohol is diminishing. Send help. Start bragging about how your something awful dot com account is about to be 10 years old. You'll get asked to leave, then the Uber can swing by the liquor store on the way home!
|
|
#
?
Dec 29, 2018 01:48
|
|
|
BigHead posted:Start bragging about how your something awful dot com account is about to be 10 years old. You'll get asked to leave, then the Uber can swing by the liquor store on the way home! Told them I was a lawyer and was promptly evicted. Now I'm lost in the arctic wilderness with an empty bottle of bourbon and people wont stop playing IRA songs and I don't understand how Irish nationalism is a thing in the norwegian countryside
|
|
#
?
Dec 29, 2018 01:57
|
|
|
I have 3 windows in a corner office... that I share and is in the basement of a 110 year old courthouse.
|
|
#
?
Dec 29, 2018 02:02
|
|
|
|
| # ? Apr 29, 2024 18:13 |
|
|
Nice piece of fish posted:Told them I was a lawyer and was promptly evicted. Now I'm lost in the arctic wilderness with an empty bottle of bourbon and people wont stop playing IRA songs and I don't understand how Irish nationalism is a thing in the norwegian countryside Come out ye black and tans! Come out and fight me like a man! Show yer wife how you won medals down in Flanders
|
|
#
?
Dec 29, 2018 02:11
|
|