As the courthouse doors clanged shut, the plaintiff bar and our clients watched helplessly as civil trials were pushed into the unforeseeable future. A general sense of gloom descended upon us. Now what, we wondered.
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The jury renders its verdict. The media covers the story. The public sees the headlines. It looks like the case is over.
But no.
The 40 injured victims who have waited three and a half years for justice. Are still waiting.
Because Ride the Ducks International/its insurance companies have more legal moves to make.
Motion number one: Demand a new trial with a different judge.
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Though irritated, I did not lose a lot of sleep over John Henry Browne's filing of a lawsuit against me and my law firm for defamation over our handling of the civil wrongful murder action we filed against his client.
First, I believe in the power and righteousness of the First Amendment.
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Trial day 3.
Swim to consciousness through Nyquil fog. Can almost breathe through both nostrils. But there is a weight on my body. The left over pall from yesterday.
The tooth brush whirls. Do not feel like full-speed-ahead-charge!-Karen on the White Stallion. Somberly put on black combat uniform and head back out into the desert.
Read MoreI told my kids a lot of stories when they were little. Pictures were good and well. But what they really liked was when I acted out the characters.
In trial opening is the opportunity to tell the story. There are no rules that say we need to read it and be boring. Over the years I have ben a bus, a cross walk, and other various objects or people when I've told the opening story. But look what happened in this case. The judge was not used to having a story told with quite as much dramatic flair.
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Once upon a time, a dude entered an intersection and decided to turn left. Problem was, there was another car (lawfully) coming on through. So he crashed into it. Since the female driver had a green light, anyone who drives a car knows - the dude should have yielded right of way.
Enter the defense lawyer.
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We should be in trial right now. We planned on it for over a year. Had every single witness lined up. And woosh we are kicked to the curb. New start date in June.
So what. Just a few more months. What's the big deal.
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I sent my voir dire booklet to all the judges in our state. Here is the email from one of them.
I just finished reading your SKWC “Voir Dire” article. It was excellent, I learned a lot. Although I believe the MacDonald’s case was from New Mexico and not California.
Read MoreWe send out written questions allowed by court rules. We get back pages of objections from the defense. Pages and pages sometimes. This is not only irritating. It is frustrating. Because we tend to sue big corporations, insurance companies and sometimes the government. If they hide things, it makes it difficult to prove a case.
Read MoreOnce upon a time, it was normal for trial lawyers to argue motions several times a week. We used to sit in courtrooms for hours, drinking in the atmosphere, listening to our colleagues and adversaries present their positions, waiting for our cases to be called. We learned which tactics worked, and which did not.
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I've heard that Twin Falls is in one of the most conservative counties in the United States. That's one reason I would like to try a case here. To see. To understand. To connect.
The courthouse is right off the main road in town. I start to walk in the door but Joe my co-counsel tells me we are going that away (off to the left). To the annex. The courthouse is now used as offices (like for the prosecutor).
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