Monday, July 25, 2016

Morning Radio: Stevie Ray

It's Monday.  Off to a wonderful week.  Energy and drive.

There are Greats.

And then there are Greats.

Stevie Ray at Austin City Limits.

A string breaks during an incredible solo.

And Stevie keeps on keeping on.

One for the ages.

One for the books.

Top Ten: July 25, 2016

10.  John Henry Browns's new book, The Devil's Defender, Chicago Review Press (2016).  I've been waiting for this one for some time now.  Tore through it in a couple of days.  One of the best memoirs of a trial attorney I've read in awhile.

An insightful look into one of America's brightest criminal defense attorneys.

Brown is a fighter of the system, no doubt.  He criticizes law enforcement, prosecutors, and the judicial system, especially its stance on the death penalty.

However, through those criticisms he also offers valuable insights on how to be an effective defense attorney.

Extremely readable.  Tremendously insightful.  An opinionated book from an opinionated man.  Sometimes his self-revelations are hard to swallow.

In the end though, this book teaches.

9.   In an unpublished opinion, the New Mexico Court of Appeals just reversed in State v.. Calvillo.  That case dealt with a sex crime.  The Court found that expert opinion went over the line because it accomplished three strategic purposes for the State:  (1) it bolstered and supported the victim's credibility regarding the allegations; (2) it specifically diagnosed that victim's medical symptoms resulted from sexual abuse; and (3) it bolstered and supported the victim's allegation that the sexual abuse was committed by the defendant.

The New Mexico Supreme Court "has previously determined that expert testimony of this nature is sufficiently prejudicial to constitute plain error.  See State v. Lucero, 1993-NMSC-064, pp. 12-19, 21-22, 116 N.M. 450, 863 P.2d 1071 (applying the standard for plain error and holding that expert testimony directly bolstering the credibility of the victim and connecting the diagnosis to sexual abuse by a specific perpetrator established plain error and required reversal).

"An expert is not allowed to testify that a victim's symptoms were in fact caused by or resulted from sexual abuse.  State v. Alberico, 1993-NMSC-047, p. 91, 116 N.M. 156, 861 P.2d 192 (recognizing that such testimony improperly encroaches upon the province of the jury).  An expert is also prohibited from testifying as to the identity of the alleged perpetrator of the crime.  See id. p. 88 (noting that such identification testimony from an expert encroaches too far upon the jury's function as the arbiter  of credibility); see also Lucero, 1993-NMSC-064, p. 16 (recognizing that "naming the perpetrator was tantamount to saying that the complainant was telling the truth").

State v. Fairweather, 1993-NMSC-065, pp. 18-20, 116 N.M. 456, 863 P.2d 1077 (determining that an expert's bolstering of a victim's credibility and stating that the victim's symptoms were in fact caused by a sexual abuse was not harmless error, especially when credibility was a pivotal issue at trial).

See State v. Lucero, 1993-NMSC-064, p 22, 116 N.M. 450, 863 P.2d 1071 (concluding that where the "credibility [of an alleged sexual abuse victim] was a pivotal issue in this case, it is likely that the jury was swayed by [the expert's] improper testimony.")

Read the case here:

8.   Warhol used honey in his paint as an additive.

7.   Younger's Ten Rules for cross-examination.  Yes, a little animated, but the rules are golden:

6.   Massive Attack, Madonna remaking the Marvin Gaye classic.

5.  Diego Rivera's "The Hands of Dr. Moore."

4.   Jim Harris' article in the Hobbs News-Sun about Tony Aguinaga.  The "Teatro Azteca." Loved it.

3.   Nels Cline guitar solo on "Impossible Germany."

2.  Lea County's rig count keeps growing slowly but surely.  Up four since last week.

1.  No pattern need be shown before a Defendant may raise a challenge under Batson.  

See State v. Bustos, 2016-NMCA-018, p. 23, cert. denied.

Even where a single juror is stricken for racial reasons, reversible error is committed regardless of whether the jury that is chosen is actually fair and unbiased or retains its "representative" character, because the equal protection of the juror unfairly struck has been violated.  See State v. Gerald B., 2006-NMCA-022, p. 30, 139 N.M. 113, 129 P.3d 149; State v. Gonzales, 1991-NMCA-007, p. 17, 111 N.M. 590, 808 P.2d 40, modified on other grounds by State v. Dominguez, 1993-NMCA-042, 115 N.M. 445, 853 P.2d 147.  

Saturday, July 23, 2016

Journal Article: Brilliant Idea

A feature on tiny homes to help the homeless.

Just finished a book today on the remaking of New Orleans after Katrina, and the new homes that were built there.

This reminds me of that extraordinary plan.

Morning Radio: Little Joe Y La Familia


The music of my youth while outside grilling.




Hobbs/Lovington: A Favor?

This weekend, find at least one store locally owned and operated and spend at least twenty dollars there.

Rather than in Lubbock, Amarillo, Midland, Odessa, or Albuquerque.

Or Amazon, Wal-Mart, Ebay......

Let's support those who invested in our community.

I always buy my Hobbs News Sun at the store.

I make a promise to subscribe this week.

Join me?


As well as supporting those who advertise within the paper.

This weekend, buy Boca.  A company that creates jobs in our hometown.  Their in the freezer aisle.

Best grilled.

This weekend, let's stay local.

Friday, July 22, 2016

Morning Radio: T-Bone

It's Friday.

Clarity of thought.

Taking deep breaths.

Practicing stillness.

Chimes outside.  They are only slight.

Just leaving traces.

They are whispering in the dark, cool morning.

London's calling, 1966.  Yes, that's Dizzy on stage.  But front and center is the greatest blues singer of them all: T-Bone.

Top Ten: July 22, 1016

10.  Off Joni's "Mingus" album, "God Must Be a Boogie Man."

9.  Last night, gumbo.  Andouille sausage.  Over rice.  Tabasco.  And fresh parsley.  Sun Tea to drink.  Buttered french bread on the side.

8.   The only movie you will ever need to see to support a healthy, functioning public defender system in all states.  

Stunning.  Sad.  

7.   Once he's announced, a good portion of the acceptance speech given by Hillary's vice-president selection will be in Spanish.

The crowd will roar in approval.

6.   The 22 albums I recently bought at Back Porch for 15 dollars.  A great antique store in Hobbs.  Along with Nana's, this is where I spend my Saturdays.  Local, local, local.  Jobs for Hobbs.  Every dollar spent locally bounces back to you.

It's very easy, it's just a choice.

Buy Boca.

5.  Where there is much desire to learn, there of necessity will be much arguing, much writing, many opinions; for opinion in good men is but knowledge in the making.  Milton- A Speech for the Liberty of Unlicensed Printing, to the English Parliament (1644).

4.   Winning arguments:

3.  The Pixies are back....again.  But my memories are the best.

2.  Myoho-Renge-Kyo:  The Sutra of the Lotus Flower of the Wonderful Law.

1.  Lefty.