Meaning

Today I was moved. I am not sure if it was because of the extreme number of hours I am working or some sort of universal karmic grace ... but I made a connection with a human being today and might never be the same. I was driving from work, my head full of law and to-do's and places I needed to be and a homeless man stopped in front of me. I smiled because that is my automatic response and he turned his head ever so slightly and smiled at me. A real smile with a crinkle in his endless blue eyes. For at least several seconds, we connected and were engaged. The light turned and I drove off, inexplicably sad. That man saw me. That man graced me with a smile. That man with nothing chose to give me what he had -- kindness, grace, and a soulful look. As crazy as this sounds, that song ran through my head ... What if God was one of us ..." I have been touched today.

The impossible

I have heard - but never had anyone actually tell me - that it must be great to be a defense lawyer because you work half a day and you are done. If it were only true. I am working now - after working all day yesterday and there is really no end in sight. My good friend Mac was at the office yesterday and the only view I had of what looked like a lovely Saturday was out the window of my office.

I am NOT complaining. I am NOT sorry I worked. I do what I do because I love it. It's not easy and it's time consuming -- but it is the greatest joy to know you are working to right a wrong.

I am grateful my mother is here to help me with my son and the laundry and the dog and in general, run the house.

And I'll end with a quote that is going to inspire me in my work today!

"There is no use in trying," said Alice; "one can't believe impossible things."

"I dare say you haven't had much practice," said the Queen. "When I was your age, I always did it for half an hour a day. Why, sometimes I've believed as many as six impossible things before breakfast." -- Lewis Carroll

Back to believing in the possible and working and defending! Happy Sunday, friends.

To Dallas

Today, I am heading to Dallas to speak about how to write a brief in a capital case. I have spoken at many seminars and felt confident writing the paper. And then, realizing the gravity of the assignment, I started second guessing myself. I think that is inherent in appellate lawyers. We deconstruct every element of a trial to try and find reversible error. We do the same in our own lives, as well.

To assuage my fears, I started calling people. I called Judge Cochran of the Texas Court of Criminal Appeals. I called the Court's attorney, Sian Schilab, who worked in the death penalty section almost two decades before her well-deserved promotion. I called Jan Morrow - a prolific and incredibly thoughtful appellate attorney. They were all gracious with their time and incredibly helpful in ideas and also confirmed that I was OK. Their help thoroughly solidified my paper and their insights will be invaluable in sharing today.

It will be a good day - I should be home by 3:30 to get in some work for my clients who really need my help too!

Legal blogging semi-resumes

The Supreme Court heard argument about whether it was cruel and unusual punishment to incarcerate juvenile offenders for life ... to me, that is a no-brainer. But apparently, there was spirited debate. We don't consider juveniles sufficiently able to make a decision about drinking or smoking or even driving. We don't let juveniles enter into a contract with the Armed Services. We don't let them vote. They need permission to marry; heck, they can't even have consensual sex legally. The rationale for all of that legislation is juveniles lack the sufficient mental capacity to understand complexities meant for adults.

Crime - the knee jerk reaction is that a juvenile has done a crime and should pay. But if we apply the same standard we use for juveniles to limit all their activities, it equally applies in the instant case. They do not fully comprehend the consequences of their actions. Scientific and psychological studies have confirmed that.

So why the debate?

The Law

I enjoy the practice of law. When compared to the practice of life, it is so much easier. The law has rules and books and guidelines and forms that shape our work ... life, is a lot harder. Sure, there are self-help books and churches and friends .. but it is a solo journey for the most part and lots of time there is no precedent or stare decisis for the twists and turns and falls we encounter.

Today, I am only focusing on the law. It makes sense. Tomorrow - maybe life. I don't know, yet.

Wide Open Spaces

I won't even begin with I'm busy ... that is a given. I am in Comstock, Texas this morning. I traveled 11+ hours yesterday by car, plane, and car to get here to speak at a CLE this morning. Comstock is north of Del Rio and what I would term West Texas. I LOVE West Texas. The landscape is beautiful. But most of all, the people are incredibly friendly. The warmth contrasts so absolutely with the starkness of the surroundings that I am completely drawn in.

I was bemoaning my fate yesterday morning that it was so far and I did not have time and I would be in the car for hours ... and once I landed in San Antonio, I got my Ford Focus and started driving. As I headed further and further West, listening to E Street radio on the satellite radio (I MUST get one!), I felt calmer and calmer. By the time I hit Del Rio, I had a peace about me I haven't had in weeks. And when I got to the Comstock Motel (there IS a blinking light in town!), I knew I was exactly where I was supposed to be.

There was a party last night for the speakers and attendees at the home of a local lawyer, Martin Underwood. He and his wife Jane could not have been more gracious. Everyone there was laid back and kind and funny and totally West Texas. I realized THIS was a big part of the reason I do what I do. I love my clients and love defending the Constitution -- but a group of criminal defense attorneys from West Texas are about the most fun people to be around. I laughed. I was engaged. They had me thinking. And this morning, I cannot wait to see them all again. What an absolute blessing it is to me to be out here speaking. Thanks to the Criminal Defense Lawyer's Project and Mark Snodgrass for letting me come here. And thanks to God for creating perfection in the people and landscape of West Texas.

Cruel and Unusual Punishment

I asked a good friend of mine once if he ever felt like he was juggling 40 balls in the air at once. His reply (with the expletive deleted) was, "Every &^*%$ day of my life." I am still juggling and working and trying to be the best defender I can be.

I read in the New York Times this week that a woman who was in jail for a non-violent offense was chained to a hospital bed while she gave birth causing her severe and permanent injuries. A panel of the Sixth Circuit held she could not sue for cruel and unusual punishment. The court en banc reversed that decision by a 6-5 vote. How callous have we become. If there is an argument that a criminal deserves inhumane treatment, then we are no better than the criminal. To treat another human so barbarically during the miracle of birth defies human decency. And to bring a life into this world with a mother chained to a bed is beyond explanation.

Each human being is extraordinarily special in this universe. If you believe in God, he loves all his children equally. The saint and the sinner.