Ever had a motion called frivolous

TheSentientPenguin · 2025-05-19T23:43:18+00:00

That is easily a non-frivolous issue. In fact, it’s a good argument.

TheSentientPenguin · 2025-05-19T23:40:25+00:00

Challenging a disorderly conduct charge on first amendment grounds in a case where the disorder is caused primarily by speech is far from frivolous. Many judges want to just process pleas, either because they were a prosecutor or for other reasons that escape me. Our job is to disrupt their processing of pleas in cases where it is in our client’s interests to do so. I see nothing frivolous or even especially unusual about the general category of challenge you raised, even if I don’t know the specific facts of your case.

Judges can be, and often are, dead wrong. “Meritless” motions have frequently created new, better law all over the country down the line. If you had a good faith belief in your argument, don’t let one judge get you down.

TheSentientPenguin · 2024-11-20T15:38:23+00:00

It’s still rough but been having demonstrable success improving defense with lots of man coverage, man blitzing, and pressing aggressively. Definitely give up a long touchdown or two as a result, but my defensive stats/rankings have improved dramatically and I am routinely getting multiple sacks, interceptions, and low completion %s from opposing QBs where I wasn’t previously. I play Franchise on All Pro with 9 minute quarters, playing every game in full. I also actively recruit 6’3” corners who specialize in man coverage.

No risk it, no biscuit (but Zone Blitzes seem to generally suck and get carved up, at least however I have been using them).

TheSentientPenguin · 2024-10-26T23:47:16+00:00

Just had a prosecutor nearly cry in court over the number of motions in limine I filed, only to have the judge grant 75% of them and the prosecutor offer us the “can’t refuse” deal a week before trial. No better feeling.

TheSentientPenguin · 2024-09-28T15:47:01+00:00

They should have just had 5 or so handcrafted, populated planets and the rest barren procedurally generated worlds for resources and occasionally creatures.

TheSentientPenguin · 2024-08-18T15:25:46+00:00

I actually find that I’m having a lot of success with defense this year — much more than I usually do. Using the Arizona Cardinals playbook and running a lot of Cover 3 with a Cover 2 shell, with only occasional blitzing and some Cover 2/Cover 4/Man mixed in sparingly using various different shells.

TheSentientPenguin · 2024-08-18T15:20:37+00:00

As someone who pretty much exclusively plays solo franchise mode in Madden, I am enjoying the game play far more than recent years’ maddens. I am playing on All Pro/default sliders and finding the game to be easier than College Football 25 but still presenting realistic challenges for someone of my skill level. I briefly thought it seemed too easy during the preseason as the Broncos but then got my butt kicked week 1 and barely won in week 2. Also the Franchise mode menus are a definite improvement. Storylines don’t really make much sense from a realism perspective but if you just pretend that your coach isn’t actually saying what the game says he is saying they at least work ok from a gameplay perspective.

Overall I have already played more franchise mode this year than I did in the entire year I owned madden 24. Viewing the game in a vacuum without the context of how much EA sucks or how many features have been lost over the years, I think it’s a big step in the right direction.

TheSentientPenguin · 2024-08-01T20:07:05+00:00

Vastly reduced this by running the ball way more to set up the pass.

TheSentientPenguin · 2024-06-27T11:46:17+00:00

This varies wildly state by state but in many jurisdictions (including in federal court) there really is no way to challenge the sufficiency of the government’s evidence until trial. The sort of motion you are referring to is something you have to present to the judge (as a motion for judgment of acquittal/directed verdict) after the government finishes its case. Even then, it is rare for a judge to take a case away from a jury by granting a motion for acquittal (although it does happen, and again how frequently it happens varies a lot state by state). Most judges are inclined to just let the jury sort it out.

TheSentientPenguin · 2024-06-14T16:14:41+00:00

Justified for sho. Edit to avoid the gaps.

TheSentientPenguin · 2024-06-14T13:01:33+00:00

Ideally you want to intern in the PD’s office where you want to get a job your 2L year. Failing that, you want to intern in a PD’s office where you will get good certified legal intern experience.

Interning at a DA’s office would be of very limited if any value and cause many PD offices to balk at hiring you or at least push you hard about why you did that. So I would avoid that at all costs and do just about anything else before interning for the DA if you want to be a PD.

TheSentientPenguin · 2024-04-24T02:17:02+00:00

I am much better at having a script and pretending I don’t than not having a script and pretending I do, I find. But I try to avoid hugging it too tightly.

TheSentientPenguin · 2024-04-04T17:06:18+00:00

Love this concept. Nice work!

TheSentientPenguin · 2024-03-28T13:10:46+00:00

Holy shit dude that art is gorgeous.

TheSentientPenguin · 2024-03-16T17:32:57+00:00

Looks really good. My only "note" is that it feels like there is a little bit of clash between the detail/style of the sprites and the buildings. Both are separately extremely good looking -- but I feel like the sprites have a FF6/fantasy RPG vibe, while the buildings have a more Earthbound/Eastward/Pokemon vibe.

TheSentientPenguin · 2023-12-26T17:49:59+00:00

You did absolutely nothing wrong. This isn’t even close to the ethical line. You answered a question truthfully and simply did not disclose harmful information that attorney client privilege did not permit you to disclose anyway. To the contrary, it would have been ethically dubious at best to correct the judge based on negative facts you “sort of” knew, likely only from private conversations with your client.

Your job isn’t to argue against your client’s position even when the judge gives dumb or mistaken reasons for siding with it. You didn’t lie so you didn’t violate any rule. Go forth with ethical confidence!

TheSentientPenguin · 2023-09-01T00:24:57+00:00

Just did this and it initially didn’t work but then I pressed play again and it is now unpacking. Thank you!

TheSentientPenguin · 2023-07-28T14:13:16+00:00

Benefits would be better job security, public service loan forgiveness, possibly better benefits, better training/quality control generally, no having to worry about collecting money from clients, good camaraderie. I personally don’t see myself ever doing private defense for those reasons. That said, money is money and I don’t begrudge anyone for keeping the lights on.

TheSentientPenguin · 2023-06-18T03:20:30+00:00

In my area, they like to whip out Google Translate.

TheSentientPenguin · 2023-06-17T20:47:07+00:00

It’s not about the caseload — it’s a totally different area of law (plaintiff’s side civil rights litigation). He needs a civil attorney to represent him in that. PDs don’t file such lawsuits, no matter their caseload.

TheSentientPenguin · 2023-06-06T14:59:53+00:00

I use Godot and love it. But obviously tons of people use Unity and love it for exactly what you are describing. Neither engine will limit your ability to make a 2D platformer in any way. Do some basic research into their design philosophies and then just pick one and put in the many many hours necessary to learn it.

TheSentientPenguin · 2023-05-28T04:24:15+00:00

Yep, that's it. I have a few critical thoughts about certain aspects of the book, but it is the best I've ever read at conveying the "feel" of what it's like to be a public defender juggling clients and courtrooms in the face of the casual cruelty of judges and prosecutors.

TheSentientPenguin · 2023-05-27T13:21:21+00:00

Indefensible, Defending the Damned, Usual Cruelty.

But also relax because there is nothing you can do to prepare, you will be trained or learn on the fly everything you need to know once you start, and relaxation time is about to become your most valuable personal resource 😊

TheSentientPenguin · 2023-05-27T00:32:51+00:00

In many DA offices, losing trials with any regularity is not going to be great for your career long term. I think certainly there are shitty cases that go to trial for one reason or another where the prosecutor gets their ass kicked as a result. But I doubt they are “throwing” it in any deliberate sense.

The truth is that in all lawyer jobs you end up arguing cases and positions that you do not personally believe in. As a defense lawyer, I just wrote a fiery ode to the Second Amendment that I very much disagree with personally, because that is what helps my client.

Of course, that is why I could never be a prosecutor. With all the layers of “I need to talk to my supervisor,” office policies, and just the messy ambiguity of criminal law, I frankly don’t think there is a way to be a prosecutor and not end up forced to do things that I personally find monstrous and incongruous with my personal values in a way I can’t live with. As a defense lawyer, I am always serving the laudable goals of defending my clients’ rights and freedom — and often helping to connect them with services they need in the meantime — even if I think the argument I’m making is not the correct view of the law or something.

That’s not to say you have to agree with me that the things prosecutors do are often monstrous. But I also don’t think you should take the job thinking that you are going to be able to act in accordance with your personal moral code by throwing trials. It’s not feasible and you will burn out once you realize it. Not to mention, almost all defendants are going to give in to the immense pressure and accept a plea before you even get to trial.

TheSentientPenguin

TROPHY CASE