My voir dire was great, my opening was solid, my crosses were perfect, my direct was simple and easy to follow, my closing was fantastic and the world will never get to see them.
The cop was unavailable due to some bullshit reason and the case got dismissed with prejudice. Good for the client, awful for me.
I was essentially useless the rest of the day. I was running on nothing but adrenaline (although I actually slept better than I thought) so when my trial got dismissed I crashed. Threw me into a bit of a funk for the rest of the day. I was really happy for my client, who won't lose his CDL now (not that he would have lost it after I earned him a not guilty verdict, but I digress) and devastated at the same time when I heard the judge say "dismissed pause with prejudice". The state moved to continue obviously but this case was continued last time because the same officer wasn't available. The judge didn't seem too pleased with the state's weak as reason. I really think the prosecutor had another look at the facts of this case and realized what a loser it was for him but didn't want to dismiss it this late in the game. I think this was a way for him to save face and get rid of the case.
The really sucky thing is that the witness that wasn't available was not important to the state's case at all. Probably would have brought that up if it wouldn't have hurt my clients chances of getting the dismissal. This whole advocating for my clients best interests to my detriment kind of sucks. So far doing what is best for my client has cost me an awesome motion and a trial.
Monday, June 9, 2008
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1 comment:
Wow - the same thing happened to me back in Feb/March when I was supposed to have my first trial!
That adrenaline rush and then the awful let-down...
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