Stung

Just like Ms. Angela Nellany, who will be released next week after serving 16 months for Assault with a Deadly Wasp, I once had an ex-spouse who was deathly allergic to wasp stings. Sadly, mine is also still alive.

Testimony of the Week

The Judge (to the witness): If you could have a seat in the witness stand right to my left, please. Thank you.

The Witness: Stand?

The Judge: Pardon me?

The Witness: Stand or sit?

The Judge: You can sit. "Witness stand." You don't have to stand.

The Witness: I got you.

Nailing Jello to the Wall

Having spent the last month or so trying to nail Jello to the wall,* it's back to regular business now. Planned projects here at ODL H.Q. include an article in praise of Justice Wiley's beautifully written opinion in the recent Second District case of People v. Margarejo. Finally, after twenty years of avoiding or misunderstanding the issue, it seems that courts are (or at least one is) beginning to appreciate the significance of the distinction between motive and purpose in STEP Act gang-enhancement cases.

* "Shooting fish in a barrel" is a nice antonym of "nailing Jello to the wall." (The DA's job in this particular case, as in so many others.)