Golf is an addiction. Seriously

My dad retired a couple of years ago and I wanted to get him involved in a hobby that would get him out of the house. I decided to buy him some golf lessons. He complained, complained, and complained some more…but he finally decided to go to the lessons.

He called me after his first lesson. He said “Hey- when are you taking your lessons so we can go play?”  This shocked me because this was coming from a man who was SO opposed to playing golf. I was in the middle of a jury trial that week, so I told him I would go soon.

I took my lessons. The game took hold of me. Golf is an addiction.  Seriously.

This is a sport that makes a person spend money, time, and more money and more time on it. People with personalities like mine who want to be the best at everything really have issues. I practice putting every chance I get. I purchased a yearly membership to the Robert Trent Jones courses so I can play whenever I want without a green fee. I go out there at least four times a week whether to hit balls, play a round, or putt. I putt in my house. I putt at work. I think you get the picture.

The best benefit of golf is that  I get to meet people and have two to four hours of uninterrupted interaction with them. I have had the opportunity to play with other lawyers, bankers, business owners, and professionals which opened my eyes to so much. There is a freedom out there where people can discuss problems, make business deals, learn something new, and leave the stresses of the day or week behind. I typically walk the course for the exercise benefits as well as being closer to nature. As an added bonus of playing, you see and hear the trees, squirrels, turkeys, deer, birds, fish, and other forms of wildlife. It is beautiful out there.

I am on a mission to introduce others to golf. I have a couple of friends taking lessons now and hope to get at least ten other people involved in the sport before 2009 is over. I tell young(er) lawyers if they want advice from me or want to discuss cases, catch me on the golf course. If  the little cart come around (golfers know what that means) I will talk them to death.

Go give golf a try. Take Claritin like I do and have at it. You will probably like it…no, you will love it.

Must have been a full moon today…or the whole month

Court today was interesting. We had Drug Court pleas today in Jefferson County District Court. This is a program where if a Defendant qualifies for the program and completes the requirements, the charges will be dismissed against them. It is very common for people to not qualify for the program, but after negotiations with the DA, they may qualify. Today was one of those days.

I warn people that when they try to help people that they can get into trouble. For example, if a person asks you to “hold” their marijuana or drugs, you can be found guilty of Possession. Ownership is not a requirement for this charge, just possessing them. (I am sure I need to explain possession)

Possession is having the drugs or marijuana in your pockets, jacket, etc… this is ACTUAL possession. There is another type called CONSTRUCTIVE POSSESSION- This is having the ability to control the substance. For example- drugs in your car or a car you are riding in, drugs in a house or room where you are- and you have knowledge and the ability to exercise control over the drugs- this is constructive possession. Ownership is not an issue with either type of possession, which many people get confused about. It is quite often when someone comes into my office and says “The weed isn’t mine!” However, if they knew about it, or could exercise control over it, they can be found guilty. But, if the prosecution cannot prove that the person knew of the drugs, the person may be found not guilty of possession of marijuana or possession of cocaine.

Possession cases are one of the most common arrest charges in Jefferson County. When drugs are found in a car, oftentimes everyone in the car will be charged with the case. People who are arrested do not understand that

Grandma, My Favorite Juror, is gone…

I am in trial this week and it is particularly difficult. My Grandmother, Mrs. Thelma Reynolds, passed away two weeks ago. She was my favorite juror.

Whenever I handled cases, I would ask her opinion on them and she would FREELY give her two cents worth. She would review evidence and we would discuss theories of some of my cases. Although she is gone, her love will be missed. My current trial was set to begin September 15, 2008 but Grandma’s funeral was Sept 10, 2008 and I was not emotionally ready to do this. The judge hearing my case agreed to pass the case and I did not want it to be passed for too long. I could hear my Grandma saying “Get back in there Eric…don’t cry too long over me” That is exactly what I am doing. (Tears starting to form in my eyes as I type this)

Let me tell you about Grandma – Grandma was a walking cookbook. I love to cook, too- she was able to quote recipes “on the go” and tell you what was left out of a recipe by simply tasting the food. She was a great cook.  My Mother is a great cook too- she just downplays it, but she is. Grandmaretired from the VA Hospital as a nurse after working for over 30 years.  After retirement, she took dozens of classes at Lawson State Community College such as commercial cooking, cake decorating (my favorite because she had to cook cakes weekly), plumbing (yeah, plumbing), and many other classes until she ran out of stuff to do.

At 87 years old she still drove herself to church and wherever she wanted to go. Grandma never had a wreck while driving. Actually the only wreck in her car was one where I was driving it.

I miss her dearly. Writing this about her helps a lot. It is a relief that she is not fighting cancer any longer and I know she is with her sister and dad in Heaven, so I am okay with that. While I am in trial which started September 22, I can feel her there with me- telling me “remember what Grandma said – be careful, take your time, and do a good job”.

I have to stop typing now- my tears are keeping me from seeing the screen. Bye…

Police can’t catch old men on bikes and young ones on donuts…

Sorry for the late post about the details (according to testimony) of a trial from last month-there was a trial where a man was accused of robbing a bank while wearing women’s panties on his head. (That was the news stations’ take on it) According to testimony from the State - the man, who was 65 years old, got away on a bike.  It sounds like they arrested the wrong guy. If a 65 year old man can get away on a bike – maybe he should train the bike cops how to ride.

Another chase case where the police obviously need to improve their chasing skills was a trial where a prosecutor named Carl Randall got a guilty verdict… $487,000 credit union robbery. According to a man who testified  in the case for the prosecution (who admitted to being the get-away driver) he got away from the police while driving a car with one of those “donut” spare tires! Yep- dude was driving a car with a donut and outran the police. Ummph, ummph, ummph… I guess the police would’ve caught him if it was a Krispy Kreme doughnut. LOL!!

Well, our city was plagued with more violence this weekend. The mayor has proposed a curfew for teenagers. I do not think that is the answer for the problems. Education is the clear answer. We need to educate people to give them something to do. If these young people had education, then the results would lead them away from the streets. If educated, they would be able to get a job. This would prevent them from being out late because they would need to go to work early the next day. That would give them money, which means they wouldn’t have to sell dope or steal to get by. Plus, as an added benefit, they will pay the city and state back through taxes. 

It is a true win-win but we are around here fighting about where to put a dome, a pentagon police station, and getting the Olympic Games here. We need to begin with the source of the problem then it will improve. If not, the city will die.

I promise to blog more. Sorry folks- no more emails fussing at me, please. I promise to blog at least once a week. My law partner and I have had an influx of cases lately and have been working extra to stay on top of things.

In trial…and it is interestin’

I am in trial this week. I cant discuss the specifics of the case, however I must say that it is the wildest set of accusations for a robbery I have ever heard of. i meant to write about it earlier, but due to us being in the trial right now, I cant.

Check back with me by Friday and I should have a post about it.

Judicial Race Update – Now…that is what I call a “whuppin”

My friends who read my blog are well aware of my support for a judicial candidate named Shanta Owens who is running for the Jefferson County District Court Seat #2. This is the Drug Court Position.

Shanta resigned her position as Jefferson County Deputy District Attorney earlier this year to seek the position. She turned down many lucrative offers from law firms, including mine, to practice law in private practice. She was a perfect fit to the equation of what we are building – she is smart, aggressive, and one of the best lawyers in her area – criminal law. However, she wanted to make a change in the community by fighting the drug addiction epidemic through the Drug Court position. Although I wanted her as my law partner, I support her decision to seek a judicial position.

In the Democratic primary, she faced a challenger named Linda Hall. Of course Owens’ supporters were nervous about any opponent, but we worked hard to introduce her to citizens and let them know her vision for Drug Court in Jefferson County. 

Shanta Owens received 76% of the vote to Hall’s 24%. As my Grandfather would say…”That was a whuppin” Please visit www.owensforjudge08.com

 

Owens wins District Court Place 2 primary

Posted by Birmingham News June 03, 2008 8:43 PM

Categories: Elections

Former Jefferson County prosecutor Shanta Owens has won the Democratic nomination for Jefferson County District Court Place 2.

With 90 percent of the vote counted, Owens received 78 percent of the vote compared to 23 percent for Linda Hall.

Owens will now face Republican W. Davis Lawley

Lunch can mean nothing…or everything!

I have a buddy who mentioned doing lunch. When she mentioned doing lunch to “catch up” on stuff, she said we can talk about stuff and she usually picks my brain for business ideas while we are at it.

So, I dared to asked the question “what the heck is doing lunch and what is the benefit”? I asked her the question, she couldn’t reply. Then I threatened to call her out on my blog and talk about her really bad. So, here it is…

Remember that lunch has a benefit. As my friend  recently found out from a guy she was interested in, lunch can be a test of if a person can cook. It can be a meeting of a new person to date – hey- lunch is only an hour and if you don’t like him or her you only have 59 minutes to go. Lunch can also be a question and answer session for mentors, friends, and new people in your life. Old ones too.

It can be an event to make business deals happen. It is an event that can make you money. It can be a complete waste of time, too.

In business, I prefer “doing breakfast”. I often meet two of my law mentors for breakfast each week on separate days. I know where to find them and exactly what time. I call it the “mob” meeting place because we meet there every week to catch up and I get advice that is priceless (well, for the cost of breakfast because I usually pay). It is wonderful because we are freshly rested without the rigors of the day making us tired. Plus, unlike lunch, it is rare to have something to make us late, disturb us, or make us miss it - everyone else is still waking up by the time we are drinking our coffee AFTER we have eaten.

I am kinda hungry now…

Call me. Let’s do a meaningless lunch soon…

 

Watch this Video of the Day- these guys have nothing better to do:

http://youtube.com/watch?v=pShf2VuAu_Q

Depositions are crazy!

 

I found some funny depostions online I wanted to share with you.

This one is kinda long…but WELL WORTH WATCHING: http://www.youtube.com/watch?v=VAIN_w026aY&feature=related
This is one where some lawyers were “gonna” fight” http://www.youtube.com/watch?v=td-KKmcYtrM

This dude was “kinda” mad at his lawyer…ouch: http://www.youtube.com/watch?v=AnvTxM7u46Q&NR=1

 

Thank God for downtime

I have no trials for a few weeks. I am happy about that so I can breathe a little and relax. Sometimes you need several days at a time to stay in bed until 10AM, watch the morning news, THEN go to work-if you go at all.

I promise to write more. I have been slacking but will do much better in the coming weeks. Just bear with me, please.

E Guster

Snow forecasts make Birmingham folks crazy

Today the weatherman  (oops, meteorologist) stated that we would get snow in Birmingham. Earlier in the week it was supposed to be just a little. Now, they are saying that it will be 1.5 inches or more. 1.5 inches!!! What ??!!!

 I took the day off work – I will  explain  my day off later. I went to the grocery store around 2:30 to buy a few libations for me to partake in while watching TV and the store was crowded. It was ridiculous. People were buying bread, milk, beer, and eggs. I have never understood this phenomenon. Why buy milk when you think the lights will go out?  I guess you can put it outside so it wont spoil). But, it makes no sense.

MY DAY OFF- Today I got up and did nothing. My cases have taken a toll on me and I really needed a day off. There is nothing better than sitting at home when everyone else is at work. It seems much more worthwhile when others are working and I am watching Judge Judy, going to the barber shop and grocery store. Aaaahhh…relaxation. Back to the grind next week!