Wednesday, October 15, 2008
Crim Prac and Pro
Once again this fall, I have an excellent group of students in my Criminal Practice class. I love teaching that class because the material is so real, in ways that students often don’t realize until they are out in practice. This week, they are arguing motions in front of Prof. Serr and Judge Manske, which for many of them will be their first appearance before a judge. For me, that first appearance came in as an AUSA, and I still had a lot to learn, frankly. For those of you who struggled on one issue or another, I can nearly guarantee that I did it worse (and in real life) those first few times, and that is one reason that I think it is so important to cross that threshold now.
Baylor students are amazingly resourceful, tough, and well-prepared, and once again I have to say what a pleasure it is to teach that kind of student year after year.
And now my former Crim. Prac. students are across the state trying cases...
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I'm pretty sure you did better on your worst day than I did. If you stood up when talking to the judge, you did better. Haha that was a great experience.
My "first time" was last week before a federal court of appeals. (Yes, I skipped the whole district court experience and went right to appeals - I have no idea why.) Let me tell you, no matter how much Baylor prepared me to be in court, last week was a terifying experience and one which I keep replaying in my head, coming up with better and better things to have said to the court. Sure, the practice at Baylor made it easier and I kept telling myself "You're a Baylor lawyer," but not until you do it for real does appearing in court start to become less stressful.
# posted by 
: 11:15 AM
: 11:15 AM
Good experience. I remember arguing that "Come in. It's time to party," didn't constitute consent. I still believe it doesn't, but no matter. SCOTUS denied my entire argument in a case a few months later. My first real argument was before a state judge in Dallas. I won that one :)
# posted by : 1:23 PM
: 1:23 PM
Osler--
Didn't you work on Moore v. U.S. regarding the crack/powder ratio? If that was the case, I suppose you are happy about the per curiam decision from the SCOTUS.
Didn't you work on Moore v. U.S. regarding the crack/powder ratio? If that was the case, I suppose you are happy about the per curiam decision from the SCOTUS.
# posted by : 1:26 PM
: 1:26 PM
My "first time" was the summer before I took your class when I argued a few non-evidentiary hearings in a court in Travis County. They did not go my client's way.
Then, over a year after that, after having you (twice!) in my PC mini-trials and in crim prac, I went on to win that case.
This is not a coincidence.
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Then, over a year after that, after having you (twice!) in my PC mini-trials and in crim prac, I went on to win that case.
This is not a coincidence.
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