The Amateur Law Professor

Breaking (& Comedic) News: Dean Testy - UW Rulz, SU Droolz

Too soon? Kudos to Ted Shultz (and hot-tipper Lisa) who had the hilarious insight to make an lolcat out of the situation:

WA Legal Roundup - Washington Supreme Court

In re Estate of Kissinger

Under the slayer statute, one who has committed an intentional unlawful murder can't take as an heir. Kissinger's son killed her, but was found not guilty by reason of insanity. In a 9-0 decision, the court held that a criminal defense of insanity doesn't preclude a civil finding that the murder was intentional and unlawful.

My initial reaction was to ask how one could be volitional if he wasn't sane at the time. In other words, wouldn't a finding by a jury that the Defendant was criminally insane necessarily be a finding that the act was not willful? However, the criminal insanity defense doesn't focus on the willfulness of the killings, but whether the Defendant could distinguish from right or wrong. Thus, he may have very well killed willfully even though he was criminally insane. Thus, Kissinger's son doesn't win summary judgment on the slayer issue, and must fight that civilly.

On a side note...Slayer rocks!

(The Slayer Issue?)

A Comedic Tidbit - Law School Graduation Edition

For all my friends graduating this year:

I'm really proud of you -- all of you. I know it may not seem a big deal. Its more than just grad school. You've set yourself up to basically run your life any way you see fit. You've set yourself up to make any change you want to see. Some of you did it while working insane hours. Some of you did it while running a small business. Some of you did it with the crazy self-doubt that law school seems to create in all of us, a doubt that somehow makes us stronger and more willing to work hard to achieve the end goal.

That said....

Have fun with the bar!

 

Comedic Tidbit (Montana provides again)

So, my most popular post by far has been this tidbit about a Montana law firm name change. Leave it to Montana to provide again. It turns out some Montanans just don't feel it's their civic duty to participate in jury duty. They also don't get that they best move is usually not to verbally attack the court. In responding to a summons for Jury Duty, Erik Anthony Slye submitted this affidavit:

(click image to download)

Now, as you can imagine, the court was none too pleased about being called less entertaining than canine testicular wrinkles. The court ordered that Slye apologize to the court clerk.

For those wondering why I am not redacting -- this document is readily available in this form in many locations on the Internet.

WA Legal Roundup

Three opinions out of the Washington Supreme Court from Thursday, one from Div. I from today. My apologies for the delay, but a summary judgment hearing took precedent. You'll be happy to know I did what I set out to do.

Washington Supreme Court

State v. Kirwin

Olympia's ordinance against littering is not in direct conflict with state law. Meth found within the area of the suspect's immediate control is admissible. No doozies there.

 

State v. Wright

Another in the long line of Andress cases. For the first time in a long while, I disagree with the outcome.

The State charged second degree murder alternatively as intentional or felony. The jury only received instructions on felony-murder, and returned a conviction. The court held that this was not an acquittal of the intentional prong, and that the jury did not have a chance to fully consider it.

I tend to agree with the dissent, both as a gut feeling and from what I've seen in the other post-Andress cases:

That the State chose to instruct the jury on only one of the two charged alternate means is of no import since defendants were placed in jeopardy for each alternative means and jeopardy terminated on the intentional means when the jury was dismissed without a verdict on that charge.

Division I

State v. Carneh

Not to disrespect someone's name...but its close to five, and I'm a little punch-drunk. When I picture Carneh...I picture a sophisticated Carny.

Bob felt his life was spinning out of control. But it was just the tilt-a-whirl.

If you are Carneh and reading this, I mean no harm. It just popped into my head.

If you are insane and murder four people, you only stave off prosecution as long as you are insane. If you show signs of improvement, the State can refile and put you through more restorative therapy in hopes of getting you to a point where you can stand trial.

On second thought...maybe I shouldn't be making carny jokes about crazy quadruple killers.

Comedic Tidbit

I love Courtoons, I really do. The drawing may not be the best, but they really do bring a chuckle to any attorney I know that has read it. I highly doubt those in the defense bar will appreciate this one. Hopefully they do though. I like to think they've somehow managed to keep their senses of humor...even if it's deep down inside.

 

You laugh because it's true!

Ted Koppel Estoppel

We're almost to Friday! This made me laugh (I know. The Prof. has a weird sense of humor).

When Life Imitates Cartoons

The truth hurts

This little tidbit made me laugh. More can be found at Courtoons.