Speaking of Collinses and Minors, here's my great-grandmother with her second husband, a fellow named Morgan Collins, and one of their Minor great-grandsons in Lee County in April 1965.
Saturday, March 17, 2007
On Melungeons
This Wikipedia entry lists common surnames associated with Melungeons: "Almost every author on this subject gives a slightly different list of Melungeon-associated surnames, but the British surnames Collins and Gibson appear most frequently (genealogist Pat Elder calls them "core" surnames). Many researchers also include Bowling, Bunch, Denham, Dunaway, Goins, Goodman, Minor, Mise, Moore, Mullins, Rose, Williams, Wise, and several others (though this does not mean that all families with these surnames are Melungeon)."
Speaking of Collinses and Minors, here's my great-grandmother with her second husband, a fellow named Morgan Collins, and one of their Minor great-grandsons in Lee County in April 1965.
Speaking of Collinses and Minors, here's my great-grandmother with her second husband, a fellow named Morgan Collins, and one of their Minor great-grandsons in Lee County in April 1965.
Thursday, March 15, 2007
Tales of swearings-in past
I'm excited to attend the investiture this afternoon of Judges Carico and Dotson, and it seems as good a time as any to recall tales of swearings-in past.
On the day when Justice Kinser was sworn in at Lee High School in Ben Hur, it was a great day. I rode over from Bristol with Jim Green and Joe Lyle. Afterwards, as the day was fine, I suggested that instead of going straight back to Bristol, we should detour to see my grandmother on the other side of Jonesville, and so we did. We almost missed her, she arrived as we were walking back to the car. You could hear the gravel fly as she mashed the brakes when she realized there were three men in dark suits standing in the road in front of her house. She came on, and oh, she was so glad to see us, and how handsome we were, she said, in our lawyer suits. We began trying to explain to her what we were doing in Lee County that day. I told her we had been to the high school. She said, "oh, were you taking a course?" "No, Grandma, we were there for a ceremony." Jim began telling her what a historic event it was, the elevation of a lawyer from Lee County to the highest court in Virginia.
But Grandma was unimpressed. She replied, as only a grandma could: "Well, now, Steven will be right up there soon."
Some years later, I attended the event for Judge Freeman at the Lincoln Theatre in downtown Marion. Following some good advice from Judge Flannagan, Judge Freeman studied the crowd, to savor the moment. When it came his time to speak, he said essentially this: "I've been looking out at you during the speeches, and I know every one here. And I know that each of you knows at least one story which if declared publicly would have kept me from ever becoming a judge." His words had the power of a hypnotic suggestion - there was a moment of silence as each person searched his or her mind, then everyone laughed.
Of course, Judge Freeman, the accomplished storyteller that he is, exaggerates sometimes.
On the day when Justice Kinser was sworn in at Lee High School in Ben Hur, it was a great day. I rode over from Bristol with Jim Green and Joe Lyle. Afterwards, as the day was fine, I suggested that instead of going straight back to Bristol, we should detour to see my grandmother on the other side of Jonesville, and so we did. We almost missed her, she arrived as we were walking back to the car. You could hear the gravel fly as she mashed the brakes when she realized there were three men in dark suits standing in the road in front of her house. She came on, and oh, she was so glad to see us, and how handsome we were, she said, in our lawyer suits. We began trying to explain to her what we were doing in Lee County that day. I told her we had been to the high school. She said, "oh, were you taking a course?" "No, Grandma, we were there for a ceremony." Jim began telling her what a historic event it was, the elevation of a lawyer from Lee County to the highest court in Virginia.
But Grandma was unimpressed. She replied, as only a grandma could: "Well, now, Steven will be right up there soon."
Some years later, I attended the event for Judge Freeman at the Lincoln Theatre in downtown Marion. Following some good advice from Judge Flannagan, Judge Freeman studied the crowd, to savor the moment. When it came his time to speak, he said essentially this: "I've been looking out at you during the speeches, and I know every one here. And I know that each of you knows at least one story which if declared publicly would have kept me from ever becoming a judge." His words had the power of a hypnotic suggestion - there was a moment of silence as each person searched his or her mind, then everyone laughed.
Of course, Judge Freeman, the accomplished storyteller that he is, exaggerates sometimes.
On getting a haircut
When I got married and we set up housekeeping in town, the nearest place to get a hair cut was up the street, and so I started going there. Sixteen years later, the same woman cuts my hair but she has cut back to working just one day a week. In the meantime, I've moved, and she's moved a couple of times. She's had trouble with carpal tunnel syndrome. Often she has bandages on her wrists. I don't know what she charges. I would pay her more, and sometimes do.
Usually, I get my hair cut about every three months, need it or not, more often would be a waste. The last thing I want is to get someone new to cut my hair, and so I often complain that I cannot manage to coordinate my schedule with hers, but I get no sympathy. The general response is some questioning about why I find it imperative to have someone with reduced feeling in her hands come at my neck with scissors.
For a while when I was a kid in Abingdon, we patronized Flanary's Barber Shop on Main Street. He had a sign that read, "No long hair styles." I don't recall that he used scissors, rather he buzzed everyone equally in a manner as short on length as it was short on "style." He had a drawer full of bubble gum, a sample of which came with the price of a trim.
If I have to switch hair cutters, I hope I can at least find one with bubble gum.
Usually, I get my hair cut about every three months, need it or not, more often would be a waste. The last thing I want is to get someone new to cut my hair, and so I often complain that I cannot manage to coordinate my schedule with hers, but I get no sympathy. The general response is some questioning about why I find it imperative to have someone with reduced feeling in her hands come at my neck with scissors.
For a while when I was a kid in Abingdon, we patronized Flanary's Barber Shop on Main Street. He had a sign that read, "No long hair styles." I don't recall that he used scissors, rather he buzzed everyone equally in a manner as short on length as it was short on "style." He had a drawer full of bubble gum, a sample of which came with the price of a trim.
If I have to switch hair cutters, I hope I can at least find one with bubble gum.
Wednesday, March 14, 2007
Tuesday, March 13, 2007
On leave to amend, stigmatization, and Mooks
In Sciolino v. City of Newport News, the Fourth Circuit in an opinion by Judge Motz reversed Judge Jackson for denying the plaintiff leave to amend his section 1983 claim against the city and its police chief, Chief Mook, based on the murky area of the deprivation of "liberty" in the form of stigmatization by the government. Judge Wilkinson dissents at some length, complaining that the majority opinion admits of the possibility that "a document in a government file drawer can violate a constitutional liberty interest in reputation and future employment."
What struck my imagination, of course, was the name of the Chief, recalling Law and Order's Lennie Briscoe, who once said the answer to question what did the police detective do today was that he had "arrested a couple of mooks." The term "mook" was previously unknown to me. The only Mook I had heard of was the fellow who hit the ball through Bill Buckner's legs in the 1986 World Series, the famous image of which you can buy framed for $199.
What struck my imagination, of course, was the name of the Chief, recalling Law and Order's Lennie Briscoe, who once said the answer to question what did the police detective do today was that he had "arrested a couple of mooks." The term "mook" was previously unknown to me. The only Mook I had heard of was the fellow who hit the ball through Bill Buckner's legs in the 1986 World Series, the famous image of which you can buy framed for $199.
Film festival in Southwest Virginia?
This press release says:
"The Top Ten Films in America Festival will be held in the mountains of southwestern Virginia in the Town of Fries and the City of Galax, April 19-22, 2007. The film festival is sponsored by the Town of Fries, The Galax City Department of Tourism, the Fries Recreation Center, The Carroll County Department of Tourism and the Drydock Film Corporation. Venues will include the Fries Theater in Fries and the famous REX Theater in Galax. There will be a separate acting competition during the film festival in which winners will have the opportunity to present their acting talents in front of film producers and talent agents. The film festival will showcase films in the categories of Feature Films, Short Films, and Documentaries with a special category for Foreign Films. As has been the tradition, the Backroads Radio Show will be broadcast from the REX Theatre on Friday night and film festival attendees will be able to sit in on the show which focuses on the best of mountain traditional and Bluegrass music. Film makers may submit directly from the festival web site or through Without A Box online.
Drydock Film Corporation, one of the film festival sponsors is also scheduled to have the Virginia Premiere of MORNING SONG WAY, during the festival on Friday April 20th in Fries and again on Saturday April 21st at the REX Theater in Galax. The film will be coming up from its Florida premiere at the Delray Beach Film Festival March 17th at 5:P.M. MORNING SONG WAY was the first production by the company which has produced two motion pictures in a little over a year both of which were filmed in Virginia and North Carolina and both of which star Virginia actors. MORNING SONG WAY with a largely Native American cast is the story of a little girl who witnesses a murder and is hidden up in the mountains of Virginia with her great uncle, a Native American Medicine Man. It is a very powerful film about the topic of cultural loss. MORNING SONG WAY has already been in film festivals in Los Angeles and New York and has won eleven awards so far including Best Dramatic Film at the Native American Film Festival in Columbia, South Carolina and four honorable mentions at the International Cherokee Film Festival sponsored by the Cherokee Nation of Oklahoma. It is mentioned in the March/April issue of NATIVE PEOPLES magazine, one of the largest Native American magazines in North America, Virginia actress Jennifer Redbird is from the area around Fries where most of the picture was filmed and Glenda Bean lives in the Brush Creek Community right on Brush Creek. Both of them star in the film. Bean is a Catawba/Cherokee Indian and Redbird is of white, Hispanic, and Ani-Stohini/Unami descent. Roanoke native Brian Hall also has a strong supporting role in the film. Although the movie will not be eligible for any awards at the festival since Drydock is one of the festival sponsors, it is hoped that the Premiere will help to promote the festival and help to bring celebrities in. Virginia actors Brian Hall and Chris Bookless also have a supporting role in the film. The movie also stars famous Native American Blues guitarist Elvus Kishketon, Jr., and Seminole/Creek Actor Jeff Anderson, both of Oklahoma and includes soundtrack music by Joseph “Z”, and Jerry Eaglefeather Monroe."
Another film, by Drydock, SPIES and MOLASSES, which completes filming this month also stars Glenda Bean and Brian Hall. It is a romantic comedy, spy, martial arts film and also stars Chippewa(Ojibway) Indians Brooke Hidde, and Dawn St. Marie. Atlanta celebrity and martial artist Jessica Vines also stars. The majority of the Drydock family of actors from both films will be in attendance at the festival along with personal friends of film Director Charles Howard Thomas and invited celebrities and guests.
There will be a red carpet in front of the theaters for all films which will premiere during the film festival and a chance for the press to shoot celebrities. After each premiere, there will also be a chance for festival goers to question the stars after the showing of the films."
Speaking of Fries, here's another Crooked Road music story, from Cox News Service.
I once asked the correct pronunciation of the name of the Town of Fries, and was told that it's Fries like French Fries in the summer and Freeze in the winter.
"The Top Ten Films in America Festival will be held in the mountains of southwestern Virginia in the Town of Fries and the City of Galax, April 19-22, 2007. The film festival is sponsored by the Town of Fries, The Galax City Department of Tourism, the Fries Recreation Center, The Carroll County Department of Tourism and the Drydock Film Corporation. Venues will include the Fries Theater in Fries and the famous REX Theater in Galax. There will be a separate acting competition during the film festival in which winners will have the opportunity to present their acting talents in front of film producers and talent agents. The film festival will showcase films in the categories of Feature Films, Short Films, and Documentaries with a special category for Foreign Films. As has been the tradition, the Backroads Radio Show will be broadcast from the REX Theatre on Friday night and film festival attendees will be able to sit in on the show which focuses on the best of mountain traditional and Bluegrass music. Film makers may submit directly from the festival web site or through Without A Box online.
Drydock Film Corporation, one of the film festival sponsors is also scheduled to have the Virginia Premiere of MORNING SONG WAY, during the festival on Friday April 20th in Fries and again on Saturday April 21st at the REX Theater in Galax. The film will be coming up from its Florida premiere at the Delray Beach Film Festival March 17th at 5:P.M. MORNING SONG WAY was the first production by the company which has produced two motion pictures in a little over a year both of which were filmed in Virginia and North Carolina and both of which star Virginia actors. MORNING SONG WAY with a largely Native American cast is the story of a little girl who witnesses a murder and is hidden up in the mountains of Virginia with her great uncle, a Native American Medicine Man. It is a very powerful film about the topic of cultural loss. MORNING SONG WAY has already been in film festivals in Los Angeles and New York and has won eleven awards so far including Best Dramatic Film at the Native American Film Festival in Columbia, South Carolina and four honorable mentions at the International Cherokee Film Festival sponsored by the Cherokee Nation of Oklahoma. It is mentioned in the March/April issue of NATIVE PEOPLES magazine, one of the largest Native American magazines in North America, Virginia actress Jennifer Redbird is from the area around Fries where most of the picture was filmed and Glenda Bean lives in the Brush Creek Community right on Brush Creek. Both of them star in the film. Bean is a Catawba/Cherokee Indian and Redbird is of white, Hispanic, and Ani-Stohini/Unami descent. Roanoke native Brian Hall also has a strong supporting role in the film. Although the movie will not be eligible for any awards at the festival since Drydock is one of the festival sponsors, it is hoped that the Premiere will help to promote the festival and help to bring celebrities in. Virginia actors Brian Hall and Chris Bookless also have a supporting role in the film. The movie also stars famous Native American Blues guitarist Elvus Kishketon, Jr., and Seminole/Creek Actor Jeff Anderson, both of Oklahoma and includes soundtrack music by Joseph “Z”, and Jerry Eaglefeather Monroe."
Another film, by Drydock, SPIES and MOLASSES, which completes filming this month also stars Glenda Bean and Brian Hall. It is a romantic comedy, spy, martial arts film and also stars Chippewa(Ojibway) Indians Brooke Hidde, and Dawn St. Marie. Atlanta celebrity and martial artist Jessica Vines also stars. The majority of the Drydock family of actors from both films will be in attendance at the festival along with personal friends of film Director Charles Howard Thomas and invited celebrities and guests.
There will be a red carpet in front of the theaters for all films which will premiere during the film festival and a chance for the press to shoot celebrities. After each premiere, there will also be a chance for festival goers to question the stars after the showing of the films."
Speaking of Fries, here's another Crooked Road music story, from Cox News Service.
I once asked the correct pronunciation of the name of the Town of Fries, and was told that it's Fries like French Fries in the summer and Freeze in the winter.
Monday, March 12, 2007
On Wise County lawyer Kenneth Asbury
The Bristol paper reports here on the life and times of Kenneth Asbury, a Wise County lawyer who was instrumental in the founding of what became the University of Virginia - College at Wise.
Saturday, March 10, 2007
The draft LEO that would allow the law firms of legislators to lobby
Here is the proposed LEO 1829, which strikes me as an abomination. If that's what the Rules allow, then the Rules should be changed.
There's something going on that I don't quite understand. In an era when judges and lawyers are viewed with less respect and more contempt, the Model Code for lawyers (adopted in Virginia not that long ago) and proposals this year and a couple of years ago for the Model Code for judges (as described here) eliminate the avoidance of "the appearance of impropriety" as an ethical requirement. In practice, that language however ambiguous it may sound made it easy for lawyers and judges to do the right thing - when in doubt, get out. The Conference of Chief Justices opposed the ABA proposal to take this provision out of the Model Code for judges.
The New York Times had this to say last month:
"At a moment when judicial independence is under heightened political attack, the nation’s legal establishment should be doing everything it can to shore up public trust. Instead, the special commission charged with recommending revisions to the Model Code of Judicial Conduct of the American Bar Association has been flip-flopping around on some of the most important aspects of the code, which the states use to set standards for their courts.
For decades, the code's overarching charge to judges has been to avoid not only actual impropriety, but also the appearance of impropriety. Recently, however, quietly adopted changes to the commission's 'final' report demoted this gold standard of judicial conduct from an enforceable rule to a mere aspirational guideline.
When the misguided switch came to light, the panel reversed field again yesterday and went back to the previous formulation. But that does not excuse the fact that the panel was following internal politics, not sound legal principle. The change might have eluded public attention if Robert Tembeckjian, the administrator of the New York State Commission on Judicial Conduct, had not protested and Adam Liptak had not reported on the matter in The Times this week."
There's something going on that I don't quite understand. In an era when judges and lawyers are viewed with less respect and more contempt, the Model Code for lawyers (adopted in Virginia not that long ago) and proposals this year and a couple of years ago for the Model Code for judges (as described here) eliminate the avoidance of "the appearance of impropriety" as an ethical requirement. In practice, that language however ambiguous it may sound made it easy for lawyers and judges to do the right thing - when in doubt, get out. The Conference of Chief Justices opposed the ABA proposal to take this provision out of the Model Code for judges.
The New York Times had this to say last month:
"At a moment when judicial independence is under heightened political attack, the nation’s legal establishment should be doing everything it can to shore up public trust. Instead, the special commission charged with recommending revisions to the Model Code of Judicial Conduct of the American Bar Association has been flip-flopping around on some of the most important aspects of the code, which the states use to set standards for their courts.
For decades, the code's overarching charge to judges has been to avoid not only actual impropriety, but also the appearance of impropriety. Recently, however, quietly adopted changes to the commission's 'final' report demoted this gold standard of judicial conduct from an enforceable rule to a mere aspirational guideline.
When the misguided switch came to light, the panel reversed field again yesterday and went back to the previous formulation. But that does not excuse the fact that the panel was following internal politics, not sound legal principle. The change might have eluded public attention if Robert Tembeckjian, the administrator of the New York State Commission on Judicial Conduct, had not protested and Adam Liptak had not reported on the matter in The Times this week."
Saturday night stuff
The Roanoke paper had this account of the life and times of Thomas Mason, who as a lawyer served as U.S. Attorney for the Western District of Virginia and nearly became a federal judge, and who as an actor had a part in "Gods and Generals" but specialized in playing the role of Elwood Dowd in "Harvey." The article quotes former Del. Chip Woodrum as saying: "He was Elwood P. Dowd." The article also notes that Mason served in the Navy with John F. Kennedy. I read recently that at the end of the Johnson administration, the White House did not fill a vacancy on the Western District of Virginia when the Commonwealth's U.S. Senators could not agree as between a Virginia Supreme Court justice and Mason as the best choice for the job - and so President Nixon got to fill the position, with Emory Widener, in 1969.
Regarding infallible technology, these items: first, the Richmond paper has this article questioning whose DNA should be in the state's DNA database. Yours? Mine? Second, the Richmond paper reported here that someone spoofed an e-mail to make it look as though it came from the head of the Virginia Information Technologies Agency. Finally, it appears that Virginia's new utility law could bring new nuclear power plants to Virginia, according to this report in the Daily Press.
Finally, I started reading this piece in the Bluefield paper because it includes a segment on the need for an additional judge in Mercer County, which is just over the line, but the part that intrigued me even more was this:
" At least 10,000 years ago, a bison-sized, giant ground sloth with large banana-shaped claws inhabited the West Virginia mountains, according to a report from Delegate Mike Burdiss, D-Wyoming (District 22 including a portion of Mercer). Because of the history connected to the sloth and its claws, the lawmaker has sponsored House Concurrent Resolution 2, which would establish the Megalonyx Jeffersonii as West Virginia’s state fossil.
Burdiss said he has taken this action to bring about a better understanding of American History and encourage the study of fossils, which provide a tangible connection to our past.
Burdiss has this historical story to tell: In the 1790s, President Thomas Jefferson, knowing much of the world was yet to be discovered, commissioned a group of explorers to look for the animal during an expedition as he believed that the sloths were not extinct.
The first trace of the massive creature was found in Organ Cave in modern-day Monroe County that same decade. When President Jefferson saw the fossil bones, which were recovered from the cave, he proclaimed the claws were so large that it must have belonged to a great cat or lion.
Thus, the historic fossils received its name, Megalonyx Jeffersonii, meaning Jefferson’s Giant Claw."
Regarding infallible technology, these items: first, the Richmond paper has this article questioning whose DNA should be in the state's DNA database. Yours? Mine? Second, the Richmond paper reported here that someone spoofed an e-mail to make it look as though it came from the head of the Virginia Information Technologies Agency. Finally, it appears that Virginia's new utility law could bring new nuclear power plants to Virginia, according to this report in the Daily Press.
Finally, I started reading this piece in the Bluefield paper because it includes a segment on the need for an additional judge in Mercer County, which is just over the line, but the part that intrigued me even more was this:
" At least 10,000 years ago, a bison-sized, giant ground sloth with large banana-shaped claws inhabited the West Virginia mountains, according to a report from Delegate Mike Burdiss, D-Wyoming (District 22 including a portion of Mercer). Because of the history connected to the sloth and its claws, the lawmaker has sponsored House Concurrent Resolution 2, which would establish the Megalonyx Jeffersonii as West Virginia’s state fossil.
Burdiss said he has taken this action to bring about a better understanding of American History and encourage the study of fossils, which provide a tangible connection to our past.
Burdiss has this historical story to tell: In the 1790s, President Thomas Jefferson, knowing much of the world was yet to be discovered, commissioned a group of explorers to look for the animal during an expedition as he believed that the sloths were not extinct.
The first trace of the massive creature was found in Organ Cave in modern-day Monroe County that same decade. When President Jefferson saw the fossil bones, which were recovered from the cave, he proclaimed the claws were so large that it must have belonged to a great cat or lion.
Thus, the historic fossils received its name, Megalonyx Jeffersonii, meaning Jefferson’s Giant Claw."
Lawyer fined $2,500 for calling witnesses liars in violation of trial judge's order
Chief Judge Jones of the W.D. Va. in In re Katz found a criminal defense lawyer guilty of criminal contempt and imposed a fine of $2,500, where he concluded that the lawyer had willfully violated the order by Judge Moon during a trial in Charlottesville that he stop calling the government's witnesses "liars."
The violation came at the end of a segment in the lawyer's argument when he compared himself to Toto in the Wizard of Oz, exposing "that lying piece of crap behind the curtain," then concluded his argument by shouting "no good liars." Previously, Judge Moon had instructed the lawyer not to call the witnesses liars.
Among other things, Chief Judge Jones noted the following:
The issue in this case is not whether it is proper for an attorney to describe a witness as a being a liar. Court opinions are not uniform on this question; it is more likely to be held improper when the context shows that it is used as an expression of personal opinion by the attorney as to a witnesses' credibility. See Moore v. United States, 934 F. Supp. 724, 728-29 (E.D. Va. 1996); Craig Lee Montz, Why Lawyers Continue to Cross the Line in Closing Argument: An Examination of Federal and State Cases, 28 Ohio N.U.L. Rev. 67, 116-20 (2001). Even when not coupled with counsel's personal belief, however, the word has "potentially emotive effects" and "if used excessively and intemperately, [may] amount to improper argument." Moore, 934 F. Supp. at 728, 729. Under the facts here, Judge Moon was clearly justified in directing Katz to stop using the word in his description of the government's witnesses.
In a footnote, the Court added:
It is a long-standing rule of professional ethics that an attorney must not state a personal opinion on the credibility of any witness. See, e.g., Am. Bar Ass'n, Standards for Criminal Justice, Prosecution Function and Defense Function Standard 4-7.7(b) (3d ed. 1993) ("Defense counsel should not express a personal belief or opinion in his or her client's innocence or personal belief or opinion in the truth or falsity of any testimony or evidence."); Va. Code of Professional Responsibility, DR 7-105C(4) ("In appearing in his professional capacity before a tribunal, a lawyer shall not [a]ssert his personal opinion as to the justness of a cause, as to the credibility of a witness, . . . or as to the guilt or innocence of an accused."); Md. Lawyer's Rules of Professional Conduct, Rule 3.4(e) ("A lawyer shall not, in trial, . . . assert personal knowledge or facts in issue except when testifying as a witness, or state a personal opinion as to the . . . credibility of a witness . . . or the guilt or innocence of an accused.").
The violation came at the end of a segment in the lawyer's argument when he compared himself to Toto in the Wizard of Oz, exposing "that lying piece of crap behind the curtain," then concluded his argument by shouting "no good liars." Previously, Judge Moon had instructed the lawyer not to call the witnesses liars.
Among other things, Chief Judge Jones noted the following:
The issue in this case is not whether it is proper for an attorney to describe a witness as a being a liar. Court opinions are not uniform on this question; it is more likely to be held improper when the context shows that it is used as an expression of personal opinion by the attorney as to a witnesses' credibility. See Moore v. United States, 934 F. Supp. 724, 728-29 (E.D. Va. 1996); Craig Lee Montz, Why Lawyers Continue to Cross the Line in Closing Argument: An Examination of Federal and State Cases, 28 Ohio N.U.L. Rev. 67, 116-20 (2001). Even when not coupled with counsel's personal belief, however, the word has "potentially emotive effects" and "if used excessively and intemperately, [may] amount to improper argument." Moore, 934 F. Supp. at 728, 729. Under the facts here, Judge Moon was clearly justified in directing Katz to stop using the word in his description of the government's witnesses.
In a footnote, the Court added:
It is a long-standing rule of professional ethics that an attorney must not state a personal opinion on the credibility of any witness. See, e.g., Am. Bar Ass'n, Standards for Criminal Justice, Prosecution Function and Defense Function Standard 4-7.7(b) (3d ed. 1993) ("Defense counsel should not express a personal belief or opinion in his or her client's innocence or personal belief or opinion in the truth or falsity of any testimony or evidence."); Va. Code of Professional Responsibility, DR 7-105C(4) ("In appearing in his professional capacity before a tribunal, a lawyer shall not [a]ssert his personal opinion as to the justness of a cause, as to the credibility of a witness, . . . or as to the guilt or innocence of an accused."); Md. Lawyer's Rules of Professional Conduct, Rule 3.4(e) ("A lawyer shall not, in trial, . . . assert personal knowledge or facts in issue except when testifying as a witness, or state a personal opinion as to the . . . credibility of a witness . . . or the guilt or innocence of an accused.").
Thursday, March 08, 2007
The swearings-in of Judges Dotson and Carico
In this week's mail came the notice for the investiture of new Judges Joe Carico and Chad Dotson, to be held at the Slemp Student Center on the grounds of the University of Virginia, College at Wise, on Thursday, March 15, at 4:00.
Come one, come all.
Come one, come all.
On judgeships
I see that Senator Webb has written to the bar associations for input on the positions of Judge Widener and former Judge Luttig on the Fourth Circuit.
Also, I've heard more about how Del. Crockett-Stark would not go along with Senate Wampler's candidate for the 29th Circuit judgeship. I guess so long as she gets a say, and the only slice of the circuit that she represents is in Tazewell County, she will look to name Republican lawyers from Tazewell County as judges. I don't know who those are, other than Judge Hurley, and that fellow who ran for delegate against Bowling.
Any how, since the scheduled effective date for Judge Williams is December 31, 2007, that's too close to the next session of the General Assembly to allow the Governor to make an interim appointment.
Also, I've heard more about how Del. Crockett-Stark would not go along with Senate Wampler's candidate for the 29th Circuit judgeship. I guess so long as she gets a say, and the only slice of the circuit that she represents is in Tazewell County, she will look to name Republican lawyers from Tazewell County as judges. I don't know who those are, other than Judge Hurley, and that fellow who ran for delegate against Bowling.
Any how, since the scheduled effective date for Judge Williams is December 31, 2007, that's too close to the next session of the General Assembly to allow the Governor to make an interim appointment.
Sunday, March 04, 2007
Interesting interview with Justice Thomas about his college experience at Holy Cross
Businessweek has this interesting story with this very provocative interview with Associate Justice Clarence Thomas, about what it was like for him and others to attend the College of the Holy Cross.
Worth reading.
Worth reading.
Boucher's national gun rights reciprocity bill
This post at the Huffington Blog describes the "National Right-to-Carry Reciprocity Act of 2007, would basically let people who can carry a concealed weapon in one state, carry that same weapon in any other state, unless it's specifically banned," sponsored by Rick Boucher and Cliff Stearns.
The post describes a Richmond Sunlight-like site for looking at the United States Congress, called OpenCongress.org.
The Huffington post claims that the NRA is Congressman Boucher's No. 8 largest donor. Even so, I'm willing to wager that you'll never see a news story about Boucher shooting a lawyer while duck hunting.
The post describes a Richmond Sunlight-like site for looking at the United States Congress, called OpenCongress.org.
The Huffington post claims that the NRA is Congressman Boucher's No. 8 largest donor. Even so, I'm willing to wager that you'll never see a news story about Boucher shooting a lawyer while duck hunting.
Friday, March 02, 2007
Friday's stuff
Here the Roanoke paper writes about today's ruling by the Virginia Supreme Court in the Blacksburg sewer case. (The link will go bad soon, since it is "breaking" news, or was.)
The Hook has more on the case of the candidate in the parking lot, which the Virginia Supreme Court refused to take.
StyleWeekly reports that a Henrico County business man is going around exposing employers in the Richmond area who hire illegal aliens.
The AP reports here that the federal judge in West Virginia dismisses the civil rights action brought by A.T. Massey against the state court judge's court reporter, who allegedly botched the transcript in the case where A.T. Massey is appealing the $30 million-plus verdict in favor of Harman Mining to the West Virginia Supreme Court (and now with a transcript, the Court might soon decide whether to take the case).
On those famous U.Va. law Minors, the Virginia Law Weekly has this feature story on William Minor Lyle, the nephew of John Barbee Minor, both of whom lived in Pavilion X after the Law School was moved out.
This Power Line post suggests that Senator Webb and Senator Graham are blocking any new Fourth Circuit nominees. Actually, it links to a ConfirmThem post that says Webb won't cooperate with John Warner.
The Norfolk paper reports here, the Richmond paper reports here, and the Roanoke paper reports here, on persons seeking the endorsements of bar groups for the upcoming federal court vacancies in the E.D. Va.
The Culpeper paper reports here that the town of Culpeper keeps paying for the big case it settled before trial, including $20,000 in expert witness fees.
Posts here and here examine the Fourth Circuit's opinion in U.S. v. Dyess, in which the conviction was affirmed notwithstanding an romantic relationship between one of the witnesses and one of the cops. Bristol's own Judge Widener wrote the opinion, and he was joined by Judge Niemeyer, with Judge Gregory concurring in part and dissenting in part, solely on sentencing.
The Hook has more on the case of the candidate in the parking lot, which the Virginia Supreme Court refused to take.
StyleWeekly reports that a Henrico County business man is going around exposing employers in the Richmond area who hire illegal aliens.
The AP reports here that the federal judge in West Virginia dismisses the civil rights action brought by A.T. Massey against the state court judge's court reporter, who allegedly botched the transcript in the case where A.T. Massey is appealing the $30 million-plus verdict in favor of Harman Mining to the West Virginia Supreme Court (and now with a transcript, the Court might soon decide whether to take the case).
On those famous U.Va. law Minors, the Virginia Law Weekly has this feature story on William Minor Lyle, the nephew of John Barbee Minor, both of whom lived in Pavilion X after the Law School was moved out.
This Power Line post suggests that Senator Webb and Senator Graham are blocking any new Fourth Circuit nominees. Actually, it links to a ConfirmThem post that says Webb won't cooperate with John Warner.
The Norfolk paper reports here, the Richmond paper reports here, and the Roanoke paper reports here, on persons seeking the endorsements of bar groups for the upcoming federal court vacancies in the E.D. Va.
The Culpeper paper reports here that the town of Culpeper keeps paying for the big case it settled before trial, including $20,000 in expert witness fees.
Posts here and here examine the Fourth Circuit's opinion in U.S. v. Dyess, in which the conviction was affirmed notwithstanding an romantic relationship between one of the witnesses and one of the cops. Bristol's own Judge Widener wrote the opinion, and he was joined by Judge Niemeyer, with Judge Gregory concurring in part and dissenting in part, solely on sentencing.
Today's Supreme Court opinions
Steve Emmert has the lowdown on today's opinions from the Virginia Supreme Court.
The limitations ruling in Lambert v. Javed seems to be a step back towards what I thought the law was, before I read Hughes v. Doe from the last round of opinions.
In Hughes, the Court took the bogus route of explaining that a dismissal without prejudice was not "on the merits" and therefore dismissal as to the agent did not preclude liability of the principal.
In Lambert, the Court now says that the dismissal with prejudice based on limitations, even though it is not "on the merits," is enough to support res judicata as between the parties to the earlier dismissal, which is the opposite of what I feared would be the result of Hughes.
I think Justice Kinser has got it right when she wrote in her concurrence: "In my view, a dismissal with prejudice not only extinguishes the viability of a plaintiff’s claim but also is 'generally as conclusive of the parties' rights as if the action had been tried on the merits with a final disposition adverse to the plaintiff.'"
The limitations ruling in Lambert v. Javed seems to be a step back towards what I thought the law was, before I read Hughes v. Doe from the last round of opinions.
In Hughes, the Court took the bogus route of explaining that a dismissal without prejudice was not "on the merits" and therefore dismissal as to the agent did not preclude liability of the principal.
In Lambert, the Court now says that the dismissal with prejudice based on limitations, even though it is not "on the merits," is enough to support res judicata as between the parties to the earlier dismissal, which is the opposite of what I feared would be the result of Hughes.
I think Justice Kinser has got it right when she wrote in her concurrence: "In my view, a dismissal with prejudice not only extinguishes the viability of a plaintiff’s claim but also is 'generally as conclusive of the parties' rights as if the action had been tried on the merits with a final disposition adverse to the plaintiff.'"
Add Judge Urbanski to the list of judges referencing Wikipedia
In Fisher v. Virginia Department of Corrections, Magistrate Judge Urbanski of the W.D. Va. referenced the Wikipedia entry for Asatru, which "is a new religious movement whose focus is reviving the Norse paganism of the Viking Age."
Thursday, March 01, 2007
That Tennessee cheerleader
I like this video almost as much as Coach Cheeks helping the girl sing the national anthem, also now on YouTube (what ain't). You've got Coach Summitt singing, and Coach Fulmer picking his nose up in the stands. And, Tennessee romped over the evil Gators thereafter.
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