In the Matter of Odd Duck

Response to People's Disposition Statement


This past week, I've had to crank out three motions under quite tight timeframes resulting in my pulling not one, but TWO "all-nighters" (thankfully, not in a row).

This brief demonstrates what my work looks like under pressure. Having filed a Statement in Mitigation on January 22, 2009, and being very, very tired, I went home. Approximately 10 p.m., I realized the DDA had emailed me a courtesy copy (gee, thanks) of a brief he planned to file the next morning, when we were set for Disposition.

The DDA's brief concerned me because, as you'll see when you read the Relevant Procedural History in this brief, the court strongly believed my client should get a Department of Juvenile Justice (formerly California Youth Authority) commitment; in other words, the juvenile equivalent of "the Big House." And the DDA's brief wasn't unconvincing.

And so it was with a heavy heart that I lay down briefly to think and perhaps to catnap. As I said, I'd already had ONE all-nighter this week.

A little over an hour later, I awoke and started work on this brief, finishing it just after 5 a.m. (I did a LOT of Internet research and reading about the Juvenile Justice System during the night, as well as looking at cases to make my arguments.)

It was with a mixture of relief and irritation that I learned this morning the judge was going to give me what I argued for and that he was going to do this probably without my even having submitted this brief.

Still, as I said, it's an example of what I can churn out when I'm already sleep-deprived, when I've already written two other motions in the same week and I've only got a few hours to get things done. Therefore, I submit it for your reading pleasure.

At the very least, you may enjoy the not-so-subtle jabs I take at the prosecutor -- which I always do good-naturedly, and with wit and humor, of course. ;)

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Reference Info:State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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