Daryl Keith Holton did a bad thing--he killed his children and their half sister. He is scheduled to be executed this morning at 1 a.m, just a few hours away.
Please say prayers that he will be spared from this, or if not spared that God will be merciful. I don't know that much about his story. Murder is bad, but execution is bad too. He had a choice to be executed by lethal injection or the electric chair, and he chose the electric chair. Why, I am not sure.
Below is an article from the Nashville Tennessean newspaper. Apparently, the maker of the electric chair is saying how horrible it is. I am embarrassed that we are the only supposedly civilized country that still has the death penalty. But I am convinced we won't for much longer. I think the people of the U.S. will finally learn how horrible and futile the death penalty is, and that it really makes violence in this country worse.
I am proud that a group of lawyers is leading this effort to spare him. I am hoping that I can use my law degree to help abolish the death penalty.
Tuesday, 09/11/07
With hours to go, lawyers try to stop Holton execution
BY LEON ALLIGOOD, Staff Writer
A contingent of 69 lawyers, most of them from the Nashville area, asked the Tennessee Supreme Court today to stop the execution of Daryl Keith Holton.
Holton, 45, is scheduled to be put to death by electrocution at 1 a.m. Wednesday. The Shelbyville, Tenn., man was convicted in 1999 of killing four children, including three sons and the boys’ half-sister.
The attorneys said there is “a very serious question whether electrocution violates the evolving standards of decency under the Eighth Amendment and the Tennessee Constitution.” It is unclear when or if the justices will rule on the matter. The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment. Petitioners, which included such well-known Nashville lawyers G. Gordon Bonnyman, George Barrett and Cecil Branstetter, asked the high court to either “declare electrocution unconstitutional or order an expeditious review of the constitutionality of electrocution in Tennessee.”The 75-page document included autopsy information from numerous electric chair deaths in other states and mentions concerns of Fred Leuchter, builder of Tennessee’s electric chair. Leuchter said he believes the state’s execution plan will not kill Holton instantaneously.“Leuchter’s concern that Holton will be cooked alive is all too real,” the petition said.For more on this story, check Tennessean.com later tonight and tomorrow.
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Prayers also in remembrance of all the 9/11 victims. I still can't imagine how horrible it would have been to be trapped in the towers and to come to the realization you weren't going to get out.
Tuesday, September 11, 2007
Monday, September 10, 2007
What Happened to Home Depot?
When I wasn't looking, what happened to the darling of the big box set--The Home Depot? OK, granted, I live in a condo, not a single family home, and I am not a do-it-yourselfer, so I am not a big bet to hang out at HD. My forays at HD have mainly centered around buying paint (probaby 5 years ago) and an occasional trip to get an air filter.
My last trip there to get an air filter was within the last year, and I have to admit, I did notice the lack of employees on the floor. But I didn't know it had hit epidemic levels. Also, on occasion when I bought a larger item, like a new toilet, I did comparison shopping between HD and Lowe's and chose the latter, based on price for the item and installation costs. Again, I did not realize this was part of a bigger trend.
A few years back, all I seemed to hear was positive news about the big box retailer--how people loved The Home Depot, how they had so many Olympic athletes working for them, and how it just seemed to be mecca in general.
Today the news is so different--and seems especially focused on the poor customer service. How the retailer hires mainly part time people and caps their wages, how the employees seem disgruntled and that of course tends to affect their work attitudes.
If you google HD, you will see comment after comment about how poor the store is these days. I guess I hadn't kept up with the news. But if I had gone to the store more often, I am sure my brief impression would have been confirmed long before now.
My last trip there to get an air filter was within the last year, and I have to admit, I did notice the lack of employees on the floor. But I didn't know it had hit epidemic levels. Also, on occasion when I bought a larger item, like a new toilet, I did comparison shopping between HD and Lowe's and chose the latter, based on price for the item and installation costs. Again, I did not realize this was part of a bigger trend.
A few years back, all I seemed to hear was positive news about the big box retailer--how people loved The Home Depot, how they had so many Olympic athletes working for them, and how it just seemed to be mecca in general.
Today the news is so different--and seems especially focused on the poor customer service. How the retailer hires mainly part time people and caps their wages, how the employees seem disgruntled and that of course tends to affect their work attitudes.
If you google HD, you will see comment after comment about how poor the store is these days. I guess I hadn't kept up with the news. But if I had gone to the store more often, I am sure my brief impression would have been confirmed long before now.
Saturday, September 8, 2007
Moot Court Blues--Pilot Episode
This week was the first week for moot court. I had heard bad stories about the class and the teacher. I had seen him walking around, and he seemed like a curmudgeon. I was really dreading it.
Well, it turned out not to be as bad as I was fearing. At least not yet. The man actually has a sense of humor, and showed it in class. He told some stories on himself. He said he didn't want us studying for other classes during moot court, but then sort of left the impression that maybe we could do that if we are not too obvious about it. (I could really use that time to study!)
He also answered the question, "Why take moot court?" He said that many people do not think they will be in the courtroom as lawyers, or that they will even practice law. But he said he has known many students to change their mind down the road, and either decide to practice law, or if already practicing law, decide they do want to be in the courtroom. So the class can give you some good foundation.
He also made the point that new lawyers should not go into private practice with just their classmates. He said make sure you go into practice with older, more experienced lawyers. That makes sense, but some people must not do that. I certainly would not want to practice law as a new attorney with just other new attorneys. I would be afraid I would not know what to do.
So, we divided up into our teams, and I am with the same team I had before. We asked to be together again, as we work well together. I think it is going to a fine class and that we will learn a lot. He is going to grade us tougher than the other teacher did, so that will be a big difference.
Well, it turned out not to be as bad as I was fearing. At least not yet. The man actually has a sense of humor, and showed it in class. He told some stories on himself. He said he didn't want us studying for other classes during moot court, but then sort of left the impression that maybe we could do that if we are not too obvious about it. (I could really use that time to study!)
He also answered the question, "Why take moot court?" He said that many people do not think they will be in the courtroom as lawyers, or that they will even practice law. But he said he has known many students to change their mind down the road, and either decide to practice law, or if already practicing law, decide they do want to be in the courtroom. So the class can give you some good foundation.
He also made the point that new lawyers should not go into private practice with just their classmates. He said make sure you go into practice with older, more experienced lawyers. That makes sense, but some people must not do that. I certainly would not want to practice law as a new attorney with just other new attorneys. I would be afraid I would not know what to do.
So, we divided up into our teams, and I am with the same team I had before. We asked to be together again, as we work well together. I think it is going to a fine class and that we will learn a lot. He is going to grade us tougher than the other teacher did, so that will be a big difference.
Friday, September 7, 2007
New Product Niche?
Our company stumbled into a big order the other day and we are thrilled. It came to us out of the blue. It involves a medical product (don't want to say what and give other people ideas!) and some changes that are going to have to be made to it in the next year. Luckily we were in the right place at the right time, and had a great response time to the query and a good price. We are able to make the changes that are required. We are also going to be able to make the deadline, even though it will mean some people working overtime this weekend.
But it is exciting for us. At a time when we are worried about growth, this is a boon. And it has given us the idea of approaching other companies to see if we can do similar things for them, maybe even creating a new niche. Right now we are working on proposals that one of our associates will take out on the road.
The great thing about one success is that it fans the fire to seek out other successes.
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On a less cheery note, we had to send our second employee today to get drug tested, which means he probably won't be coming back to work, since he will probably test positive. I am surprised, but not surprised. There has been a feeling that he uses drugs, maybe even sometimes at work. But I am surprised that he took the chance after the other man was let go. What is also surprising to me is how many people at work have family members who have had serious problems with drugs. Very serious. We don't have that many employees, and it seems there is an inordinate amount of them with this issue. It is really heartbreaking, and they don't deserve it. I talked with another woman at work about this, and she says that she thinks this problem is pretty widespread. I don't know--in my former working years, I never heard of this high of a proportion of workers having to deal with this. I wonder if this is more of a blue collar thing?
But it is exciting for us. At a time when we are worried about growth, this is a boon. And it has given us the idea of approaching other companies to see if we can do similar things for them, maybe even creating a new niche. Right now we are working on proposals that one of our associates will take out on the road.
The great thing about one success is that it fans the fire to seek out other successes.
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On a less cheery note, we had to send our second employee today to get drug tested, which means he probably won't be coming back to work, since he will probably test positive. I am surprised, but not surprised. There has been a feeling that he uses drugs, maybe even sometimes at work. But I am surprised that he took the chance after the other man was let go. What is also surprising to me is how many people at work have family members who have had serious problems with drugs. Very serious. We don't have that many employees, and it seems there is an inordinate amount of them with this issue. It is really heartbreaking, and they don't deserve it. I talked with another woman at work about this, and she says that she thinks this problem is pretty widespread. I don't know--in my former working years, I never heard of this high of a proportion of workers having to deal with this. I wonder if this is more of a blue collar thing?
Wednesday, September 5, 2007
Vote Karl Dean for Nashville's Future
Less than a week from now, Nashville will elect its next mayor. I hope the voters choose Karl Dean, whom I believe is the best choice. Dean is smart, has plenty of city experience, and has progressive ideas. His opponent is Bob Clement, a nice man, but who is sort of a good old boy. He doesn't seem to have new, fresh ideas. Nashville is such a great city now, we can't afford to go backwards. The city has had its share of old time politicians, and we should not make the mistake of electing another one.
As a law student, what is frightening to me is Clement's seemingly lack of knowledge of the Constitution. He keeps attacking Dean on his record as the city's elected public defender, acting as if Dean did something wrong by representing criminals and doing his job well. I am hoping he really understands the Constitution, and that criminals need a good defense. Surely, he doesn't misunderstand this. If he doesn't understand this, he should not be in a leadership position.
But if he does understand this, but is playing up to people's fears or ignorance, this is just as bad. We don't need a mayor doing either of these things.
As a law student, what is frightening to me is Clement's seemingly lack of knowledge of the Constitution. He keeps attacking Dean on his record as the city's elected public defender, acting as if Dean did something wrong by representing criminals and doing his job well. I am hoping he really understands the Constitution, and that criminals need a good defense. Surely, he doesn't misunderstand this. If he doesn't understand this, he should not be in a leadership position.
But if he does understand this, but is playing up to people's fears or ignorance, this is just as bad. We don't need a mayor doing either of these things.
Monday, September 3, 2007
Jammin' at Hippie Jack's
I treated myself this holiday weekend, and to get away from the studying went for an afternnoon to the music festival, Jammin' at Hippie Jack's, which was on the Cumberland Plateau, a couple of hours from here.
The location is really neat, out in the middle of nowhere, but is a beautiful setting. You can camp there for the festival, which was running for several days.
I was there for about 5 hours--wish I could have stayed longer, but had to get back to studying and my doggie--Stoopot.
They had a couple of tents set up, and some bluegrass bands playing. I heard one of the featured bands, the Hector Qirko band from Knoxville, and they were great. They had a latin flavor, and I love latin music. I could have listened to them for hours. I hope to hear them again.
Jack is going to have more of these festivals. The one this weekend was being filmed and will be shown on the local Cookeville PBS station. I believe it is also being syndicated to go national on PBS too.
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OK, I treated myself twice and went with a friend last night to see The Invasion, starring now Nashvillian Nicole Kidman. The movie is good and has some scary moments. But the neat thing was Nicole was a tough cookie. She is good to have around in a crisis. I still haven't seen Nicole around town like so many other people have.
The location is really neat, out in the middle of nowhere, but is a beautiful setting. You can camp there for the festival, which was running for several days.
I was there for about 5 hours--wish I could have stayed longer, but had to get back to studying and my doggie--Stoopot.
They had a couple of tents set up, and some bluegrass bands playing. I heard one of the featured bands, the Hector Qirko band from Knoxville, and they were great. They had a latin flavor, and I love latin music. I could have listened to them for hours. I hope to hear them again.
Jack is going to have more of these festivals. The one this weekend was being filmed and will be shown on the local Cookeville PBS station. I believe it is also being syndicated to go national on PBS too.
***************
OK, I treated myself twice and went with a friend last night to see The Invasion, starring now Nashvillian Nicole Kidman. The movie is good and has some scary moments. But the neat thing was Nicole was a tough cookie. She is good to have around in a crisis. I still haven't seen Nicole around town like so many other people have.
Saturday, September 1, 2007
What Went Wrong with Nifong?
What was going through Mike Nifong's head when he pulled his antics in regard to the three Duke University lacrosse players? Did he not think he would be found out?
Nifong, the former Durham County, North Carolina, district attorney has been stripped of his law license and will spend one day in jail for lying to the judge about the rape charges against the athletes. Nifong, held in criminal contempt of court, was found to have provided the defense with a DNA testing report that he knew to be incomplete, according to an MSNBC.com article.
I know that Nifong had practiced law for a long time, and that most states only passed ethics rules within the last few years. But lawyers were supposed to learn the ethics rules anyway and uphold them.
Here is what the Barbri Professional Responsibility outline says about the special responsibilities of prosecutors:
--The prosecutor in a criminal case is not simply an advocate but also a minister of justice; the prosecutor's primary goal is to seek justice; not to convict. [comment 1 to ABA Model Rule 3.8]
--A prosecutor must not prosecute a charge that she knows is not supported by probable cause.
[ABA Model Rule 3.8(a)]
--A prosecutor must timely disclose to the defense all evidence and information known to the prosecutor that tends to negate the guilt of the accused or mitigate the degree of the offense.[ABA Model Rule 3.8 (d)] Failure to disclose material information may deprive the defendant of due process. [See Brady v. Maryland 373 U.S. 83 (1963).
et seq.
Speaking of professional responsibility, I should be getting back my MPRE score next week. The scores are supposed to come out five weeks after the test. Nail biting time!
Nifong, the former Durham County, North Carolina, district attorney has been stripped of his law license and will spend one day in jail for lying to the judge about the rape charges against the athletes. Nifong, held in criminal contempt of court, was found to have provided the defense with a DNA testing report that he knew to be incomplete, according to an MSNBC.com article.
I know that Nifong had practiced law for a long time, and that most states only passed ethics rules within the last few years. But lawyers were supposed to learn the ethics rules anyway and uphold them.
Here is what the Barbri Professional Responsibility outline says about the special responsibilities of prosecutors:
--The prosecutor in a criminal case is not simply an advocate but also a minister of justice; the prosecutor's primary goal is to seek justice; not to convict. [comment 1 to ABA Model Rule 3.8]
--A prosecutor must not prosecute a charge that she knows is not supported by probable cause.
[ABA Model Rule 3.8(a)]
--A prosecutor must timely disclose to the defense all evidence and information known to the prosecutor that tends to negate the guilt of the accused or mitigate the degree of the offense.[ABA Model Rule 3.8 (d)] Failure to disclose material information may deprive the defendant of due process. [See Brady v. Maryland 373 U.S. 83 (1963).
et seq.
Speaking of professional responsibility, I should be getting back my MPRE score next week. The scores are supposed to come out five weeks after the test. Nail biting time!
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