Lawyer in Wisconsin focusing on traffic law and criminal defense, with an interest in employment discrimination and mediation/alternative dispute resolution.

  • 1 Post
  • 29 Comments
Joined 1 year ago
cake
Cake day: June 13th, 2023

help-circle
  • They probably didn’t have you as a prosecutor there, unfortunately.

    I’m a public defender. Was about to talk about how even though I’m as leftist as they come and find this guy reprehensible, that I’d have had no problems arguing what he argued in court… But I missed that it was charged as “attempted.” That’s an excellent point. I agree that he almost certainly attempted to commit voter fraud.

    That said, I can still see how the jury could find a not guilty though, even if, were I on it, I would have said guilty. Attempted crimes still have a mens rea (usually, and I’ll note here that I’m not barred in PA so this is all a best guess, consult a local attorney to know anything for sure). So the state would still have to prove his intent beyond a reasonable doubt.

    I’m guessing the jury said they couldn’t prove the intent beyond a reasonable doubt. Your argument convinced me, but, I can see how a jury might go the other way, for sure. Especially since juries are always unpredictable. I’ve won cases I should’ve lost and lost cases I should’ve won, you just never know what’s gonna happen in the jury room.





  • I’m a big gamer, and was a massive HP fan. I did not buy the game, or even consider it, specifically because of JKR’s bullshit.

    I may be in the minority, but I guarantee I’m not the only one in this boat. So now you’ve talked to someone who cares, if you count this as talking.

    And just to say a little more, no I didn’t crusade against the game, nor do I villainize people who bought it and enjoyed it. I do think it’s possible to enjoy art without liking the artist. Hell, my favorite book series of all time is the Ender’s Game series, and Orson Scott Card is probably just as bad as JKR, though maybe not quite as famous/public about it.

    But I can’t bring myself to buy it. I’m trans, and her rhetoric, and how public it is, has been specifically harmful to me, directly. But that’s just me. I won’t tell other people how to live their lives or enjoy their free time, so long as they’re not actively hurting others. And no, I don’t consider buying a game where one person who is profiting from it might spend a sliver of that profit on anti-trans BS to be actively harming others, especially when she already has enough money to do whatever the hell she wants anyways.

    This doesn’t make a dent, and ethical consumption under capitalism is impossible anyways. I just hope that some portion of people who bought the game heard about the protests and maybe donated a fraction of what they paid for the game to some pro-LGBTQ groups. I have to believe there’s at least a handful of people like that. I do believe that people are mostly good, and want to do good.

    Yeesh, I wrote a lot more than I planned to here. I’ll stop now lol.



  • Not sure how uncommon you’re looking for, but I think I already did this.

    I chose Sage.

    According to some quick googling (read: not sure how accurate this is), Sage wasn’t in the top 500 names for my birth year, but my given name was top 100.

    Though both names I’ve used have been trending towards more common for most of my life. Looks like my original name is now a top 35 most common, but Sage is still outside the top 100 for females and outside top 300 for males.(Really wish there was more data for the popularity of nonbinary names. I think Sage is probably one of the more popular enby names, so maybe it’s not all that uncommon, depending on how you define it.)


  • “The freedoms of others should be respected, including the freedom to offend. To willfully and unjustly encroach upon the freedoms of another is to forego one’s own.” -The Satanic Temple’s Fourth Tenet

    However. I also believe the right to be offended is one of the freedoms we all have. There’s a lot of discussion over what this tenet truly means. I believe it should work hand-in-hand with the other tenets, which include “one’s body is inviolable, subject to one’s own will alone,” “one should strive to act with compassion and empathy toward all creatures in accordance with reason,” and “every tenet is a guiding principle designed to inspire nobility in action and thought. The spirit of compassion, wisdom, and justice should always prevail over the written or spoken word.”

    I take it to mean that yes, you do have the right to offend, but also to be offended when someone violated your own personal freedoms. To say something that challenges someone’s understanding of the world may offend them, but that doesn’t mean its wrong. However, the use of the freedom to offend should be used sparingly, and with caution.

    But if we start telling people they’re not allowed to say things that are offensive to us, then that same logic can turn back on us later when we say something offensive to them. Pretty soon, nobody will be allowed to say anything. People should be free to express their opinions, so long as they abide by the rest of the tenets, in my opinion.

    But, that doesn’t mean we need to give people who are out to offend others bigger platforms to spread their messages. We don’t even have to listen to them.

    I’m reminded of the famous Voltaire quote, “I may not agree with what you say, but I will defend to the death your right to say it.”

    This is a complex topic, and I’m worried I’m not making my message clear enough here. Let me try to boil it down to a more direct response.

    I do not agree that people are “too easily offended nowadays,” but I do agree that people have the right to say things that might offend. I think people have the right to be offended about whatever they want. But they do not have the right to impose their own beliefs on others. If you want to say something offensive that I don’t agree with, knock yourself out. But if you want to try prohibit me from saying something offensive to you, you can fuck right off.

    It’s a fine line. Yes, you have the right to offend others, but not the right to control them.


  • "Correctional officers from the jail responded to a medical emergency in one of the cell pods.

    There, inmates explained that they believed [Jessica] Barry was experiencing a drug overdose.

    Within 3 minutes of being notified of the emergency, officers gave Barry a dose of Narcan.

    A total of six doses of Narcan, chest compressions, and an AED were given to Barry, but officers were not able to resuscitate her."

    Tragic stuff. I know we all like to blame the cops, and usually I’m 1000% on board, but it sounds like they did everything they could here. At most they could maybe be blamed for not catching and stopping the drugs from getting in. Maybe the ongoing investigation will turn something up as to how that happened, but I can’t say I’m surprised. I’ve been that courthouse and jail. It’s not the most well-funded, and addicts tend to find a way. Sad stuff.





  • This is good advice, I appreciate it. But I should clarify, I definitely won’t be launching my practice before I’m comfortable with the OS. I’m probably going to take some other user’s suggestions and do some test runs on my home machine to figure things out. I’m not launching tomorrow, there’s no real rush. My current contract runs until May 2024. So I’ve got 6 months ahead of me to figure things out.


  • Oh I’m aware the OS is free. The affordability I was asking for was for the actual computer to run it. I guess that part wasn’t Linux-specific. Mostly just looking for a good option for a work computer that will last a while. Will probably just get some kind of refurb laptop, I’ve always had good success with those.

    But if someone has a specific recommendation I’m all ears.


  • Yes, mostly paperwork and email for sure. Some basic spreadsheet stuff for tracking clients and payments and whatnot, but there’s also programs for that.

    One less common, yet essential, thing I haven’t gotten a specific response on yet, is converting word docs to PDFs with searchable text. Not sure if you know things about that, but it popped into my head while responding here so hopefully someone who sees this knows something.

    And, a generic thank you to everyone who has responded, this has all been very helpful. Even if I don’t respond to you specifically, I appreciate it.





  • This seems like a good thread to ask this… I’m sure I could find the answers I need myself but frankly I trust the userbase here more than most online articles.

    As my username hints at, I’m a lawyer. I’m considering starting my own firm as a solo practitioner. I need a computer and/or laptop for it, and as a new business my budget would be pretty tight. I’ve mostly only ever used windows, but I’m getting fed up with the bullshit, so I’m considering going with Linux.

    I assume Linux is capable of doing everything I need, which is primarily handling word documents, viewing PDFs, watching evidence videos, and online research. But my concern is that some of the more commonly used video types might have trouble on Linux, or that some of the word document templates I use in Windows might have compatibility issues.

    I’m also nervous about using an OS I’m not familiar with for business purposes right away.

    So I guess I’m asking a few questions. What is a reliable yet affordable option to get started? Are my concerns based in reality or is Linux going to be able to handle everything windows does without issues? What else might I need to know to use Linux comfortably from the get go? Is it going to take a lot of time and effort to get Linux running how I need it to?

    For reference, I do consider myself to be somewhat tech-savvy. I don’t code or anything, but I’ve built my last two home computers myself and I’m not scared of general software management, I just don’t make it myself.

    So, yeah, sell me on Linux, please.



  • I don’t necessarily disagree with you. I don’t think there’s really a number of years to put on it to make it appropriate. But I’m sure the lawyers discussed all the points you raised in negotiating this sentence. These numbers aren’t pulled out of our asses, there are guidelines (almost certainly, again, not barred in NY) which help ensure similarly situated defendants are sentenced similarly.

    What I’d like to hear more about, is whether the judge also ordered some kind of anger management counseling. I think that’s what she needs more than a longer sentence.

    If we truly want to balance the goals of protecting the public, adequately punishing the defendant, and also rehabilitating her, I don’t think a few more years either way is what makes the biggest difference. I think it more depends on what she does with that time. I’m not sure what the situation is like within New York prisons as far as counseling goes, but if they have good programs, it’s hard for me to imagine, if she takes it seriously, that 8.5 years of good counseling wouldn’t be helpful to her, and to society at large.

    I also think she could make all those gains in counseling, again, if she truly takes it seriously, within a couple of years. But then, I could probably be convinced that 2-3 years isn’t long enough for causing someone’s death. I’ve seen people get that for having the wrong amount of weed on them.

    But then we get into the larger discussion about the entire prison industrial complex. We need some kind of change with how our prisons operate. Exactly how that looks isn’t the point here. I’m just trying to point out that there’s a bigger picture in play, and hope that people will consider that in the future.

    In the end, nothing we say here has any impact on her life or the issued sentence. But it might have a difference in how people perceive and talk about the system as a whole in the future, so I think it’s important to not lose sight of that.