Sunday, August 21, 2016

Morning Radio: Toro, Toro, Toro

Monday.  Slept hard.  Dreamt in fits.  Little patches of thoughts coming in and out of my head.

Nothing to tie them together with.

Slept at hard angles.

Books falling in and out of my reach.

Music on all night.

Buck Owens.

Wu Tang.


Chick Corea.

Zeke with the first pick.

And this:

Top Ten: August 22, 2016

10.  The forgotten man in all of this craziness:

Yes, as the world turns, he just sits quietly waiting for his confirmation hearing.

Dignified and solid.

The Senate may want to confirm him as fast as possible.  Because the next president may withdraw his name and offer a vastly more liberal nominee.

Judge Garland, you've done good brother.

9.  In Hobbs, Kendall's Country Meat Market.  Best jerky in town, best okra in town, best jalapeƱo beans in town.  Homemade.  Here in Hobbs.  Jobs for Hobbs.  Every dollar you spend locally bounces back to you.

It's really easy, it's just a choice.  Spend locally or spend where the money goes elsewhere.

Every time I see the parking lot full at Dickey's, I just laugh at myself.  The best country ribs are at Kendall's.  Better price.  Better service.  And the corn on the to dream about.

8.  While at school, when a child is suspected of delinquent acts and is questioned in front of a law enforcement officer, the child is entitled to be informed of his rights under Miranda even if the law enforcement officer isn't doing the questioning, but rather it's a school administrator who is asking the questions.  State v. Antonio T., 2015-NMSC-019.

7.  Gaby's Burritos at Grimes and Marland.  Jobs for Hobbs.  Every dollar you spend locally bounces back to you.  Best damn burritos in town.  My all the time morning destination.  Made the old-fashioned way.  Made the right way.

It's really easy, it's just a choice.  Jobs for Hobbs.  Every dollar spent locally bounces back to you.

6.   "I Live Inside" by Michelle Leon, a memoir of her time in punk's Babes In Toyland.  No holds barred.  Short, sharp, shocks of realism.  Ultimate sadness.  And then ultimate redemption.

5.  The collage work of Lance Letscher:

4.  Kay Starr all day, and all night.  Oh, the absolute glam of those 60's variety shows.

3.  Now, the only question is: Just how large will the radius be of Trump's mushroom cloud?  Will the fallout be huge or slight?  How much damage can he do from here till early November?

2.  This song:

1.  "He illuminates the universe;
       His spiritual body, ethereal and pure;
       Has the thirty-two perfect signs;
       With the eighty kinds of excellence
       Is his spiritual body adorned."

      Good Morning to each and every one.

Wednesday, August 17, 2016

All Respect Is Lost!

At a time when she has asked that all Departments in the executive branch cut back by 5 per cent.

At a time when she seeks political asylum in other states rather than staying home and concentrating on our state's problems.

At a time when she is struggling to find a place for herself on the national stage, or maybe a guest spot on FOX news, when her time is up here in New Mexico.

At a time when I was just beginning to give her some credibility points for pushing back on Trump.

Nope, she goes and blows it all away.

Yes that's her below screaming for:




Here's the story:

Yes, she is as nuts as Trump, only in a different way.

Do you want to know why the death penalty was thrown away in New Mexico?

Because we couldn't afford it.  To try a death penalty case cost a fortune.

She reeks of political opportunism.

Here, read the opinion that got rid of the death penalty case in New Mexico and then ask yourself:  And that opinion was written when our state actually had some money?  Before a Governor got in office who was a career prosecutor, and had no idea how to run a business, or to create jobs, or understood any sense of economic theory?

You mean it was written then, not now!  Well if it was true then, it must be especially true now.

Don't believe me, here:

She has ran our state into the economic ground.

Oh Susana, hang your head in eternal shame.

Tuesday, August 16, 2016

Amy and Julian's Interview

On Democracy Now.

Fantastic interview.

This is why the Nobel Prize is coming.

Transparency and openness are the only paths forward.

Morning Radio: Pat and Lyle

It's Tuesday.  Up early.  Vintage Lyle Mays and Pat Metheny on the player right away.

As falls Wichita so falls Wichita Falls.

Dreaming all night of how to readjust.

Dreaming all night on how to get on track.

Haven't been the same for the last week.

Am pushing forward.

Here's Pat and Lyle.


Monday, August 15, 2016

Morning Radio: Glass, Beauty, and the Beast

Monday. In a haze.  Working through it.

Up at 3, chores in the hardly lit room.  Chores in the dark outside.


Cut and pasted.

Made cold, cold lime water.

Then coffee.

This is Philip Glass.

Top Ten: August 14, 2016

10.  The concept of "sifting" a witness.  On cross-examination, the objection of "asked and answered" is usually irrelevant.  Why? Because the whole purpose of cross-examination is to take the witness through their testimony from different angles.

So a question will, at times, be asked several times in a different context.

The concept of "sifting" is fundamental in impeachment treatises and advocacy manuals of yore.

To read your advocacy texts from the early 20th century is like opening a treasure chest.

All hail the law library.

9.  Batson warned that the party that is excusing a juror does not rebut a prima facie case of discrimination "merely by denying that he had a discriminatory motive or affirming his good faith in making individual selections."  Watson v. Kentucky, 476 U.S. 79, 98 (1986) (alterations, internal quotation marks, and citation omitted).  Instead, the party who is attempting to strike the juror "must give a clear and reasonable specific explanation of his legitimate reasons for exercising the challenges."  Id. at 20 (internal quotation marks and citation omitted).  "This warning was meant to refute the notion that a prosecutor could satisfy his burden of production by merely denying that he had a discriminatory motive or by merely affirming his good faith."  Parkett v. Elam, 514 U.S. 765, 769 (1995) (per curium); See Miller-El v. Dretke, 545 U.S. 231, 239 (2005) (reiterating that the striking party "must give a clear and reasonable specific explanation of his legitimate reasons for exercising the challenge") (quoting Batson, 545 U.S. n. 20)); State v. Goode, 1988-NMCA-044, p. 9, 107 N.M. 298, 756 P.2d 578 (stating that the party excusing jurors "must articulate a neutral explanation related to that particular case, giving a clear, concise, reasonably specific legitimate explanation for excusing those jurors.")

The reason must be sufficiently specific to allow the party challenging the strike its right "to refute the stated reason or otherwise prove purposeful discrimination."  State v. Jones, 1997-NMSC-016, p.3, 123 N.M. 73, 934 P.2d 267.  It must also be sufficiently specific to enable the district court to determine whether the opponent of the strike has proved purposeful discrimination and, therefore, to safeguard equal protection.  See Goode, 1988-NMCA-044, p. 9 ("[T]he trial court may not merely accept the state's proffered explanations, but has a duty to examine them and decide whether they are genuine and reasonable.")  As more fully explained by State v. Giles, 754 S.E.2d 261, 265 (S.C. 2014), in order for the explanation to be legally sufficient at the second step of the Batson analysis, the explanation must be clear and reasonably specific such that the opponent of the challenge has a full and fair opportunity to demonstrate pretext in the reason given and the trial court to fulfill its duty to assess the plausibility of the reason in light of all the evidence with a hearing on it.  Reasonable specificity is necessary because comparisons to other members of the venire for purposes of a disparate treatment analysis, which is often used at the third step of the Batson process to determine if purposeful discrimination has occurred, is impossible if the proponent of the challenge provides only a vague or very general explanation.  The explanation may be implausible or fantastic, as noted in Parkett, but it may not be so general or vague that it deprives the opponent of the challenge of the ability to meet the burden to show, or the trial court the ability to determine whether, the reason given is pretextual.  The proponent of the challenge must provide an objectively discernible basis for the challenge that permits the opponent of the challenge and the trial court to evaluate it.

Thus, numerous cases have concluded there was error at the second step of the Batson analysis where the reasons proffered for striking a juror were not sufficiently "clear and specific" in providing a factual basis for a court to review for legitimacy.  See Moeller v. Blane, 276 S.W. 3d 656, 662-63, (Tex. Ct. App. 2008) (collecting cases and concluding that "obscure and vague" explanations for striking a juror are insufficient.)

8.  New Wilco.  The laid back guitar solo makes the song:

7.  The ending in Tomas Transtromer's poem "Vermeer", where the author describes the sky above him as empty, to which the sky looks down and replies:  "I am not empty, I'm open."

Not empty, but open.

That concept is wonderful.

6.   Justice Robert Jackson:  "Essential freedoms are today threatened from without and within.  It may become difficult to preserve here what a large part of the world has lost--the right to speak, even temperately, on matters vital to spirit and body."  In dissent, Kunz v. New York, 340 U.S. 290, 95 L.Ed. 280, 71 S. Ct. 312.

5.  The "Em dash."  The greatest punctuation mark in history.

4.  The Ghost Dog Soundtrack.  Picked it up for 99 cents.  Lost classics.  Sound clips from the movie blend into the music.

3.  The roots of southern cooking are West African.  Rice and legumes.  David Leftwich, Sugar & Rice Magazine, No. 4.

2.  Beth Hoeckel's art.

1.  A brother.  No, not a brother in the spiritual sense.  A brother in the mystical sense.  A brother in a sense of allegiance.

But, a true brother.

My brother.