Tuesday, July 3, 2007

pro se defendants

I worked my ass off for the past week and a half writing a motion for discretionary review. The case didn't have very good issues, but I scraped the bottom of the barrel writing something. My second issue was so "creative" that my supervisor told me he was surprised I was able to create as strong of an argument as I did.

Then yesterday we learned that the factual basis for my first issue was actually different so I couldn't make the argument. That left me with crappy issue #2. Ok fine we aren't going to win but at least all my work wasn't in vain. I reformated the motion to only include the single issue.

Then today we got some mail. Our client decided to write and file his own motion. Said motion contained 15 appendices, no citations to any court cases and raised a prosecutorial misconduct issue for the first time. The issue I had argued was not mentioned at all.

A week and a half of work for nothing. I can't even use what I wrote as a writing sample because it is such a god awful weak argument.

1 comment:

Anonymous said...

Don't feel too bad. Last summer I represented a client in a DUI breath test. I preped for trial twice including all the technical breath test expert stuff and both times my client showed up 20 mins late to court which forced a reset. After the second trial they reset her after the end of my internship. That was like 50 hours down the shitter.

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