It's due Tuesday, so I should have it to the printers tomorrow at the latest. It is not coming along at all. I am sitting there alternately staring at the record on appeal, and then at the computer screen, back to the record on appeal, back to the computer screen. The guy is so so SO off base in his initial petition, that it is ludicrous. The district court did the right thing in dismissing it. I having trouble making up an issue to discuss on appeal. An attorney friend suggested arguing that previous attorney was ineffective for not requesting a competency eval on the guy, or hiring an expert to determine if the guy has PTSD such that his actions lacked malice or premeditation. I have trouble with that, given that I also have PTSD and have never shot at anyone. I think those kind of defenses at trial make us all look like lunatics and I hate that.
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