Welcome to the Couth that Would Not Die - Episode 37: Clean up that Cool Whip!

hmmm..... I am at work....

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.

I like previous attorney sucked and the client minimally needed a phyc. evaluation?

Want I should type that up for ya?

I found an article that seems like it would speak to many of us. I posted a new thread with it. It is about growing up with a narcissistic mother, and trying to heal from that. Granite, MUE, this sounds like your mothers also, from how you have described them sometimes.

there must be different levels of ptsd .but i agree. it must be hard to do this when you don't really agree with whats going on. do you ever wish they would give up because there really isn't anything left to appeal . don't understand much about what ya do .

***Warning....continuing sadness***


My H and I are so sad because when my BFF had to have a heart transplant, my H babysat her daughter during the day (when she was just a baby) and of course I have spent alot of time with her too when I'm with my friend... she calls H...uncle ...

we always say she's the daughter we never had (we only have boys)...

MKAC...sorry about your dog... that is rough...
Granite...glad to hear you are not taking care of the mother...

okay well I'm going back to work... I usually just have enough time to read the couch activity and then its time to go...have a good day...

MKAC, I'm so sorry about your pup. It's so hard to lose a beloved pet.

If a case is as hopeless as this one, I usually write to the guy and recommend he dismiss the appeal. Unfortunately, this guy has been through EVERY attorney in his county. They would advise him to dismiss it and he would fire them. I am an "out of county" attorney appointed only by special permission. I know this guy is not going to dismiss, and unfortunately, the judge would not make the finding that he absolutely no issue. If the judge would make that finding, then he is not entitled to appointed counsel.

Can you write him and ask him what he wants to appeal on? LOL

Ok so I'm thinking that's a no?

MKAC - could you just do an Anders brief?
I have never had trouble with raising the ptsd defense but that is because I think all sorts of factors come into how one responds to having it.

No, I did the webinar in bed.

Now I'm actually at work. If there were a bed at this facility, I would have claimed it already for the second webinar.

I talked to our office manager a little bit ago about the second webinar and was she going to participate. She said no, as it didn't concern her (it doesn't).

Then I noticed the chain of email. Our OM received the email about it, she forwarded it to our boss, who forwarded it to me, my colleague, and back to the OM saying at least one of the three of us needed to do it.

My colleague is gone for the day, so guess who gets stuck with it?

Anders briefs are not allowed in our State. So the state Supreme Court says we cannot file an Anders brief, but then lambasts us during oral argument for bringing up "frivolous" issues.

In this case, his behavior is far beyond the pale -- at a stop light, he got out of a vehicle in which he was a passenger, moved toward the car behind them and began shooting repeatedly through the windshield of that car -- that I cannot imagine that a PTSD defense would hold any weight with a jury whatsoever. He admitted the car behind them had done nothing other than be behind them for a short time on the street coming up to the stoplight.

I should be studying for my test tomorrow. Instead I am nosy and googling Anders brief. I can't decide if that makes this board educational or a total time-suck.

Or you could just ask stopdog or me to tell what we are talking about in our top secret legalese.

I googled it too.....

My thought for today:

Somehow my mind read this as you telling Granite to have the mother put to sleep. I did a double-take.

I have trained turtle rock to stay

I googled before I even got to the post that said we could ask instead of googling. The description of that shooting is terrifying.

Chopin, that stinks that you get stuck with it.

I'm in the office, theoretically working on my thesis. I've officially given up on finishing in time for May graduation. I feel like a failure about it, but T worked very hard yesterday to convince me that there are good reasons and it's not because I'm a lazy jerk. I do feel better about it today. It feels like a pardon from the governor. Or stay of execution. Or something.

This is why you shouldn't make friends on a mental health board. They'll eventually end up grinding you up into pieces and baking you into brownies.

lol lol lol

Be afraid! Be very afraid.

Murray for you!

Has anyone approached the board about the new couch?

25 more post and it's time!