Tuesday, December 11, 2007
The Alcohol Breath Test, a review
Saturday, December 1, 2007
Sunday, November 25, 2007
4th and 18
4th and 18 from the BYU 12. Max Hall drops back, gets flushed from the pocket, runs to his right. "Okay," I thought, "buying a little time." Then he hurled this sort of jump pass down the sideline. "It's over," I thought, "we should have just kicked the field goal." When Austin Collie came into view on the right side of the screen, "Just keep it in bounds," I thought. What a beautiful sight: a 49 yard pass play on 4th and 18.
"We're going to win," I thought, "Go Cougars!"
Friday, November 2, 2007
Moccasin Justice Court
I represented a client in a domestic violence case. Ahhh, domestic violence--pretty much the bane of my existence. No category of cases gets to me quite the same way. It has cured me of any desire to practice family law. The problem with domestic violence is that everybody is a victim, especially the children. Also, while I don't have any real statistics to back it up, I would venture to say that at least 3/4 of the d.v. cases that run across my desk involve alcohol. The combination of strong emotion and stronger drink creates volatile situations. I don't envy the officers sent into those situations who hear completely different stories from those involved then have to make a determination about who is telling the truth and how to diffuse the problem. I, at least, don't get involved until things have calmed down substantially.
I often find it hard not to confuse my role of legal counselor with family counselor. I try not to cross the line very often by giving personal advice; I don't know if I ever should cross that line. It is essention to just sit and listen, though. Sometimes the public defender is the only one sitting a person's corner. Often, there isn't a whole lot I can do for the person other then help him or her feel understood. At the same time, I fight the temptation to chastise the man who beats his wife, or the woman who hurts her children. There is just no excuse for such behavior.
One year ago, I the work of a public defender was all about writing stinging motions to supress or "fighting the good fight" for the wrongfully accused. How could I have known that so much time would be spent wading through years strangers' family problems? Is it all worth it? Yeah, it is, 'cause every so often real change occurs for all involved. It's nice to be a part of that side.
Saturday, October 13, 2007
And the winner is . . .
Wednesday, October 3, 2007
Supai, part II
#2
Wednesday, September 26, 2007
Here's to The Mtn.
Monday, September 24, 2007
The new DUI law has come into effect in Arizona.
Tuesday, September 18, 2007
Monday, September 17, 2007
Another example of dishonest marketing . . .
Monday, September 10, 2007
100,000 miles
Friday, September 7, 2007
Whoa! Six weeks!
I can't belive that our baby is going to be six weeks tomorrow! Time definately has gone faster since he was born than while I was pregnant. We are loving our little Colin! He is a sweet baby who loves to cuddle his mommy. The little baby who was barely six pounds when he was born was a chunky 9 pounds 4 ounces at his 1 month appointment.
Colin was very busy last weekend. He really enjoyed his first BYU game and didn't even cry when he watched it with his daddy. (If you haven't ever watched a BYU football game with Dave, you are missing out on an interesting experience. I'm pretty sure the players can hear him cheer through the TV!)
We blessed him last Sunday, and the little turkey cried through the whole thing. But Colin doesn't have just any cry- He has a "goat" cry. It's quite impossible to describe, but if a goat were to laugh, it would sound something like Colin's cry.
Colin is very facinated by ceiling fans. He also loves the mobile in his crib. He studies it quite intensely and fusses when it quits moving and is not content until you wind it for him again. Colin just knows what he wants and isn't afraid to let you know!
Sunday, September 2, 2007
Calling all Cougar fans. Ra . . Ra . . Ra-Ra-Ra
Tuesday, August 28, 2007
What is worse....?
This question was asked of the applicants to the Public Defender's Office this past spring. We received a wide range of answers. There was no right or wrong answer, at least in my opinion, but I was looking for some real thought in the answers. I've been thinking about this a lot, especially when I consider my role as a defense attorney in the criminal justice system. To be honest, I often struggle when pursuing acquitals procedurally or during trial when I feel that somebody has committed a crime that needs to be addressed by the justice system. As a person who drives on these streets, I worry about the dangers of DUI and feel it should be punished; as a defense lawyer, I am dedicated to the principle that all need a fair trial and that accused persons need advocacy on their behalf equal to the advocacy the state receives. In other words I force myself to separate my duties as a lawyer for the indigent from my personal feelings about a particular set of facts. This struggles defines the way I view the question.
It comes into play each time I make an argument at sentencing or negotiate a plea offer. Sometimes the argument is simply asking for what is just--essentially equal in relation to others charged with the same sort of offense, and sometimes asking for mercy--special consideration because an individual's circumstances even though the crime itself would generally call for a harsher result. Here is what my answer would be . . .
It was worse to be unmerciful. To be unjust, in my opinion, is to act abritrarily--to act without regard for actual guilt or innocence, with no justification in law or fact for the decision made. True, some people will receive a fair result and others an unfair result without rhyme or reason. To act unjustly, as I consider it, is to act without regard for equity. To act unmercifully, on the other hand, means that the decision maker actually knows of specific mitigating circumstances that justify special treatment but chooses to ignore them. In other words, the decision maker disregards her knowledge why one defendant, who committed the same crime as another, shouldn't simply be lumped in with the other offender. Often these mitigators are emotional distress or desperate circumstances that don't rise to the level of legal justifications, but which clearly explain why somebody acted illegally. Unmerciful behavior surpasses arbitrariness and enters the realm of indifference. Maybe a better synonym is "heartless," with every connotation that it carries. I would rather be known as unjust than heartless.
On a side note, I think I understand now why Prof. Osler and his colleagues have been fighting so hard against the sentencing guidelines as they were/are written. Booker was hugely significant--it put the person back into sentencing; it allowed a federal judge to be both just and merciful, though perhaps only to a certain extent.
What do you think? Is it worse to be unjust or unmerciful?
Wednesday, August 15, 2007
Sunday, July 29, 2007
Colin Tate Corbett
This rainbow appeared the day Colin was born.
Thursday, July 26, 2007
38 Weeks
Yesterday marked 38 weeks for our little one. The last few weeks have gone by so fast! I've been surprised at how much energy it takes to grow a baby. Things are going well, although it seems like the really good things don't come easily. After spending about 4 weeks head down and ready to go, the baby decided that this was no longer the position for him. So he did a sommersault and has stayed top side up! My doctor discovered this at my appointment last week and he decided to play the "wait and see" game, hoping that the baby would sort himself back out. No such luck. I had another appointment today, and the doctor decided the best thing is for this baby to come out, one way or another. I'm only dilated to a 2 or 3 and about half-way effaced, but the baby is just getting bigger (which means more uncomfortable for me and for him because he's not the right way) and the doctor does not want labor to start on its own since the baby's breech. So Saturday is the big day! They'll admit me Saturday and give me an epidural to keep my uterus relaxed, and then the doctor will try to flip the baby by pushing and proding him along. If it works, then the doctor will enduce labor and we'll be on our way. If the baby is engaged too much and won't move, then they'll do a c-section. The doctor thinks that Option 2 is probably what will happen. Either way, Dave and I are so excited to think that we'll be holding our little baby the day after tomorrow! We'll keep y'all posted!
Wednesday, July 18, 2007
Messy Bessy
Apparently they don't teach proper painting techniques at Baylor. But even Barb had to hand it to Dave when it came to choosing the cute colors for our baby's new room. Now we just need to get the rest of it together before the little one decides to come!
Saturday, July 14, 2007
Thank goodness for great people!
Friday, July 13, 2007
Perhaps only days now!
Cambrea was dilated to a 2 at her appointment on Monday, was starting to become "effaced" (whatever that means), and began losing her plug today. Oh, and we decided on a first name: Colin, after my dad. No middle name yet--still working on that one.
By the way--I won my first jury trial on Wednesday, bringing my overall record to 7-1. It was nice to do something other than a bench trial.
Now that's some police work worth applauding.
A new family is moving down the block from our house. People have many fears when moving, including the fear that the movers will play quote a reasonable price then arrive at the destination with a much higher price; when the family can't pay the new, exorbitant fee, the movers then point to something in the contract that they don't have to take their things off the truck until payment is made.
Well, that apparently happened to the new family around the block. I only know one side of the story, but the movers threatened to drive away with their stuff after asking an enormous fee. So the family called the police. They arrived at about 8:30 this morning to stop the trucker from leaving and are still out there now at 5:00. 7.5 hours and counting in the dry heat. The movers weren't willing to share their logs or any information--surprise. So the officers recently returned with a warrant to go over the logs then to go to the scales for a weight measurement.
Great job, guys.
Wednesday, May 30, 2007
What do y'all think?
Sammy is a bus-boy at a local restaurant. The restaurant has a standing policy that any tips given to bus-boys are not to be kept by the individual bus-boy, but are to be placed in a jar. The money in the jar will be counted at the end of each week, then divided among all bus-boys according to hours worked during that week.
Sammy receives a five dollar tip from a customer who was particularly happy with the cleanliness of her table. Instead of leaving the tip on the table, the delighted customer hands the tip directly to Sammy and says, "This is for you."
Sammy, feeling that he truly earned this tip and shouldn't have to share it, places the five dollar bill in his pocket. A manager watches Sammy place the five dollar bill in his pocket instead of placing it in the tip jar. The manager calls the police to report a theft.
The state law defines theft as follows:
A. A person commits theft if, without lawful authority, the person knowingly:
1. Controls property of another with the intent to deprive the other person of such property; or
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or
3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
4. Controls property of another knowing or having reason to know that the property was stolen.
Is Sammy guilty of theft or merely violating a company policy?
Tuesday, May 29, 2007
A choice experience . . .
We flew into Supai on this helicopter. This was our view:
There is a small congregation of the Church in this village. Members of the Church are flown in 3 times a month to speak during Sacrament Meeting. Cambrea and I were chosen to speak this weekend. We chose to speak on putting on the whole armor of God. After we landed, we walked about 1/2 mile to the little chapel in the middle of the woods.
As I reached the pulpit, I took just a moment to look out of the window. The view from the window showed nothing but green grass, beautiful trees, and gliding birds against a red and black rock backdrop. Here are some pictures I took from the porch:
It was a little room with standing room only for the 70+ congregation numbers. With a view from the window free of the marks of civilization and a room not aided by a microphone, the message, really the whole experience, felt purer, cleaner. For a brief moment, I felt how Brother Joseph must have felt as he preached in small chapels throughout Ohio, Missouri, and Illinois.
To top it off, after I gave me talk, a young man walked up to me with his wife and said, "Hermano Corbett, how are you?" He was one of the young missionaries that I had taught about 4 years ago in the MTC. What are the odds? As we talked about the MTC, there was only one thing that he specifically remembered. No, it wasn't my teaching, but one of my wife's delicious apple pies. I guess one was more forgetable than the other.
Sunday, May 6, 2007
Things I Love About Dave
One of the things I love the most about Dave is how much he needs me. We're not sure how he ever left the house before we got married because he always needs me to tell him where his keys are or where he left his cell phone. He just walks around with stuff and sets it down without thinking. Well, the other day, we were sitting down to watch American Idol, and we could not find the remote ANYWHERE. We knew Corbett used it that morning, so we started looking in all the random places we could think of. We finally gave up and went to watch TV in our bedroom. A while later, I got up to let the dogs in, and here's what I saw:
Apparently it sat outside all day.
Another thing that I love about Dave is the way he eats crunchy stuff. I'm sitting here listening to him right now. He's eating chips, and he crunches it twice with an open mouth before he closes his mouth and devours the rest. I laughed at him, and even though he knows he does it, he can't help but do it.
Everyone posted their list of obsessions- well, here's mine:
#1-5 How much weight I've gained since becoming pregnant and how much more I have to go.
So one of the things that I love the most about Dave is how he can look at my big, fat belly and not make me feel guilty because I had TWO pieces of cake last night. In fact, here's my big, fat belly at 26 weeks:
Seriously, though, I am really enjoying pregnancy. When we found out we were having a boy, I asked the ultrasound tech if she could see a soccer ball in there because I knew Dave was mentally reserving every weekend to go to our baby's sporting events. She laughed, but I seriously think the baby is kicking something around in there. It's kind of fun right now because now we can see him kick through my stomach and feel actual body parts moving. He really likes chocolate milk and Spicy Nacho Doritoes- just like his momma and daddy!
Friday, April 13, 2007
Houdini deserves her own show!
STATE'S EXHIBIT #1
As you can see by this picture, the distance between the metal bars in the gate is exactly 4 inches. (Notice the chicken wire. Houdini's first escape attempt involved just the simple gate. For her encore, she stepped up the magic--the chicken wire was once tied to the side and bottom of the gate by stiff metal wire and was inexplicably peeled back from the corner.)
STATE'S EXHIBIT #2
This picture, which fairly and accurately represents Houdini's head, shows that her head is at least 5 inches wide. Though not pictured, the bulk of that width is a hard skull that is neither flexible nor collapsable. When one subtracts the space between the metal bars from the width of the magician's head, there is at least 1 inch of overlap remaining, or 20% of Houdini's head. Somehow 100% of her head is passing through an area only big enough for 80% of her head.
STATE'S EXHIBIT #3
The final picture taken as part of my investigation shows the girth of the illusionist's chest. As you can clearly see, her chest is just over 8 inches. If my calculations are correct, her chest is twice as wide as the gap between the metal bars in the gate. It is impossible to determine, without the aid of x-rays (or possibly an autopsy), exactly how far the rigid skeletal structure stretches across the 8 inches and how much the pliable muscle, fat, and skin extends past the bones. Based on a generous estimate that the skeletal structure extends across 90% of the width and the remaining 10% is the bendable sinew, then 7.2 inches of the breadth is not flexible or collapsible. If my calculations are correct, 56.6% of her ribs and shoulders should be able to squeeze through the 4 inch gap, while 44.4%, a length of 3.2 inches, overlaps the space available for free movement.
In candor, I must divulge that I am merely an English major and have superficial training in the science of biology and physics. But the numbers don't lie. There is no reasonable, scientific explanation for Houdini's ability to escape. My conclusion: she has sold her soul to the devil, who in turn gave her mystical powers, in exchange for the ability to explore the wide world beyond her backyard. Unfortunately for her, the devil didn't keep his promise that she could run free; for she now spends her days locked in the garage from which there has can be no escape. Or perhaps she is merely developing her next great illusion.