Happy Birthday Arlene!

Definitely one of the sweetest girls at Loyola, "Sweet Pea" decided to save her friends the worry of having a party during the middle of bar prep, and instead held it during the week before graduation, when all but a few people were free as birds.

The venue was Magnolia Lounge in Pasadena. First, the pictures.

Most of the Loyola crew:

Mike was left out of the first picture, so he made sure we couldn't forget him:

"It's my party, I can FOB if I want to!"

It's raining men!

Chowing down. Did anyone ever figure out what else was in the topping besides mushrooms and sun-dried tomatoes?

"That's not a nose ring. This is a nose ring!"

The girls.

Mike with the ladies.

Late to the party, Vic was nevertheless welcomed with open arms.

And now for some video!

Here's Arlene trying to imitate Sophia's "travel cheer", developed while the Laker-Jazz game was on (sorry about the dark image):

And here's Ricky teaching Sophia about the one-inch punch, while others jeered and cheered.

It was a very fun night, and the crew stayed until almost closing. Thanks for coming out everyone, thanks Arlene for being born, and Happy Birthday!

End of Finals Party at Club 740 (Hallelujah! Again!)

As the Property II final wound down, fun-starved students began piling into Club 740 in downtown Los Angeles, less than two miles from the Loyola Law School campus, for the End of Finals Party; some did so without bothering to stop for food! The anticipation was great, and the venue was very convenient. For graduating students, in particular, the party could not come soon enough; some even hurried through the Property II final to get a head start on pre-partying.

For some other graduating students, there had been some time to wind down from final finals last week--enough time to finally attend to personal affairs that had been left on the back burner during this last push.

The party was well-attended, and included some acts that were very much in the spirit of show business: There was Mad Chad Taylor, who juggled three chainsaws, and Danny "Rubberboy" Smith, a contortionist.

The Stud's camera ran into file-writing issues around the time of the acts--the acts took so long the camera was unable to squeeze it all into the SDHC card, which trades speed for capacity. In any case, the Stud was, well, "occupied" by then, and for the remainder of the night. As a result, there are not nearly as many pictures this time around as in previous times. Further, the pictures were predominantly of graduating students due to the euphoria of being done (!!) with law school finals. Nevertheless, here are the pictures the Stud was able to find on the camera.

Some graduating students started bar review classes the very day of the End of Finals Party, so were not able to make it out despite wanting to. A few still had straggling finals the next day, and some others still have papers to work on. All in all, though, the party was an exercise in rediscovering largely unfettered fun, a luxury most graduating students have not had in three years.

Next up, graduation!

Mood (Hallelujah!)

The Stud, and many other graduating students (though by no means all), finished their final law school finals the week of May 5, 2008. To celebrate, these diligent soon-to-be-former students partied it up at MOOD.

The next party would have to wait until Monday, when the group of students taking Property II would be done. Good luck!

Free Coffee for Finals

Following a long tradition, the LLS Alumni Association and the Student Bar Association have joined forces to provide free coffee for students during finals season. The following is the schedule:

Mon-Thu: 7:30am - 10:00pm
Fri: 7:30am - 9:00pm
Sat: 9:30am - 4:00pm
Sun: N/A

Good luck to everyone!

Advanced Trial Advocacy

The Stud was one of the students in the Advanced Trial Advocacy who had to present the final case. It was a criminal case based on a civil case, but with a different issue. There were overlaps, of course, and because the standard of proof is higher in criminal cases than in civil cases, the prosecution, of which the Stud was a member, did not obtain a conviction. But neither did the defense win. The "jury" (other class members) hung, with only one person voting to convict.

Afterwards, Judge O'Connell and the visiting judge posed with the prosecution and defense teams.

And now for the regular finals!

Happy Birthday Alice!

Alice's birthday is always a big occasion. This year's version descended on J Lounge in downtown LA for drinks.

A good time was had by all. The really good times were either not captured on film, or too risqué to post. Happy Birthday!

Bar Review: Brass Monkey

The last bar review of the school year was held at Brass Monkey. Unlike last year's final bar review, this year's was a bit more quiet. Part of that was because Brass Monkey was a hangout more for the Class of '07 than the Class of '08, and because the entire finals schedule was pushed up this year.

The good thing, though, was that there was a lot more room:

Now, on to finals!

RIP Major Wolfer '02

In an e-mail to the student body today, Dean Gold informed us that one of our alumni had died in service to our country this week. US Army Major Stuart Wolfer, Class of '02, died while working out in the gym in the Green Zone on Sunday 7 April 2008:

U.S. Army Maj. Stuart Wolfer died Sunday while working out in a gym in the Green Zone in Baghdad. He was one of two to die in the rocket attack and one of more than 4,000 U.S. soldiers to have died in Iraq.

Wolfer, assigned to the 11th Battalion, 104th Division, Boise, Idaho, would have turned 37 on April 23.

He was the only son of Esther and Len Wolfer of Boca Raton, who are now grieving with family and friends, trying to make sense of it all.

Knowing that a soldier is in the Green Zone often comforts loved ones because many consider that section of Baghdad a safe place to be. It's heavily guarded. It's where U.S. officials live and work.

But it's a reminder that in a war zone, no place is safe.

Thus was the life of Major Wolfer. Requiescat in pacem.

Oral Arguments, Two Years Later

As I was in the library today writing the previous post, some first years I knew passed by. All the first years had a sort of tired look in their eyes, as they headed off to their oral arguments. That took me back to my own first year oral arguments. I was especially struck by this:

Craig and Carolyn were now quite sure that litigation is the path they would want to go. While I wouldn't say that I had quite that experience, I would say that I now at least am willing to consider litigation, where before I had been dead set on doing more transactional work.

Two years on, I've externed with both a Superior Court Judge and at the District Attorney's Office. I've taken Trial Advocacy and am currently preparing for my final trial for Advanced Trial Advocacy. In fact, oral arguments did get me psyched; I even tried out for the Byrne Trial Advocacy Team at the beginning of second year. My failure to make it to the second round certainly had something to do with changing my mind again about litigation; but my experiences beginning in June of last year have brought me back, and past, such that I am now pretty darn sure I'll be doing litigation.

Now, I just need to find a job.

Prelims: Qualifying Police Expertise as to Narcotics

In the Office of the District Attorney of the County of Los Angeles, in the preliminary hearings unit, most of the preliminary hearings that will be assigned to certified law clerks will be drug cases, dealing with possession, possession for sale, and transportation. An important element of such charges is the identification of the drugs.

Most times, with experienced public defenders and private defense attorneys, there will be a stipulation as to lab receipts which identify evidence as drugs. However, there has been a trend for "baby PDs" not to stipulate to anything. In such situations, a testifying police officer may nevertheless be qualified as to his "scientific" qualifications for identifying the narcotics. The elements required for establishing such expertise is generally laid out in People v. Wesley, 224 Cal. App. 3d 1130, 1146 (Cal. Ct. App. 1990):

Officer Qualls was properly qualified as an expert in the field of narcotics, specifically cocaine; thereafter, when he testified that he examined the "item" given to him by Sergeant Kirkpatrick (subsequently, the identity of the rock was traced in Qualls's testimony from Kirkpatrick to him, to defendant, to Carter, to Alaniz, then to exhibit 1) and, based upon his training and experience, it was his opinion it was rock cocaine, the objection imposed was not that Qualls was not qualified to give an expert opinion but that there was "insufficient foundation for a scientific conclusion," which was overruled. Later the rock of cocaine was received in evidence without objection. On his motion to dismiss before the magistrate, defense counsel argued only that Qualls was never asked "the identity of the rock before the court so there is no indication of that rock's even suspected nature." Of course, he was in error and the magistrate had the record read. But the nature of the substance was neither argued nor mentioned by defense counsel on his motion to set aside information. Nevertheless, Judge Alston commented he did not think the rock was analyzed, and found "There is no competent testimony here as to what the substance was that is involved." Belatedly, respondent here argues that Qualls's expert testimony that the "item" was rock cocaine is not sufficient without chemical analysis testimony. The magistrate was satisfied with the expertise and the opinion of Officer Qualls, and for the purpose of holding defendant to answer, we are satisfied the evidence is sufficient.

For purposes of preliminary hearings, the typical prosecution script runs like this:

• Officer, how many times have you testified in Superior Court as to ?
• How many times have you made arrests or been involved in a investigation?
• Of that number, how many times have you booked evidence or been present for booking?
• Did you have an opportunity to see lab results after booking?
• What percentage of times has the lab receipt corroborated your initial belief?
• What did you believe the evidenced booked under as item number to be?

Defense intransigence isn't always the reason to go through Wesley qualification, however. Sometimes, the lab does not test all of the evidence. Thus, even if the defense attorney is willing to stipulate to the lab receipts, you still cannot account for all of the evidence recovered. In such a case, too, it is better to go through Wesley qualification.

The Stud had a chance to do this for what turned out to be his final preliminary hearing as a volunteer at the DA's office. (The Stud wrapped up on volunteering last Friday.) The PD was a friend from Loyola, so he was willing to stipulate; however, one of the items was not in fact analyzed in a lab, so the Stud qualified the testifying officer under Wesley, and got the testimony in.

In fact, the court was quite busy that day, so the judge had been rather short with the attorneys. However, when the end of the day came, the judge did bid the Stud farewell with praise: "Good job on the prelim today." Thank you, Your Honor!

Track record: 5-0.

Happy Birthday James!

Big Game James finally hit the quarter century mark this weekend. To celebrate, we started off at a Brazilian BBQ. We then proceeded, after some debate, to Silk Lounge in Monterey Park.

Happy Quarter Century Birthday, buddy!

APALSA Slam Dunk "Horse"

It was cold in the hills when Ricky held his BBQ, so some of the APALSA Board decided to play "horse", with slam dunks!

Here, Ricky gets an assist from Terry.

Here, Charles goes for a quick dunk.

Here, the boys discuss Yao Ming while Terry stuffs one, Charles goes for a few alley oops, James does a reverse dunk, Ricky goes for a windmill (of sorts), and Charles does another alley oop.

Here, Ricky uses his arms in an unusual manner, James realizes he's a bit tall for the height setting, Terry raises the basketball so James can stuff it, but misses it himself, Charles stuffs it, and Ricky blames a "majestic bird" for a bad pass.

Here, James goes for a fly by, and Terry redeems himself.

Thanks for hosting, Ricky!

Commencement Speaker Contest

The Monday before Spring Break, five graduating students, including the Stud, presented their speeches in the Commencement Speaker Contest. The turnout was very low; there were perhaps five graduating students other than the candidates and, for two of them, their girlfriends. Due to miscommunication from the media department, however, the speeches were not recorded, so the five candidates returned on Wednesday to tape their presentations individually in dedicated taping rooms. The links were sent out the next evening, just as students embarked on Spring Break. The votes were tallied through Monday of Spring Break; the Stud was not selected.

For those who might have missed it, the following is what the Stud presented:

Good afternoon, ladies and gentlemen, administration and faculty, friends and family, and most importantly, the Class of 2008.

Well, this is it. This is the final stage of law school. You know, it seems like both yesterday and ages ago that Dean Yamamoto put on her smiley face dress and exhorted us with just one word: Mooch. And now, three years and many, many pizzas later, we have come to this, the penultimate pomp and circumstance. In their wisdom, the administration has chosen to hold this commencement just a little closer to the ocean. You know, before we lock ourselves up for two months to study for the bar. And it’s not even right on the ocean. It’s as if they’re preparing us for this feeling: “You’re getting close, but you’re not there just yet.”

Some of you may wonder what the heck I’m doing up here. I wasn’t in the top 10%. I didn’t make law review. Or the Byrne team. I didn’t even bother trying out for moot court. Perhaps the only achievement I can claim is, “that guy that kept sending out e-mails about Wit of Mandamus.” And like a true starving artist, I don’t even have a job lined up—which means that after today, not only do I have to look forward to two months of hard-core studying and three days of the bar, but after that, I’ll have to find a job.

In the days to come, when I’m in a suit under the hot August sun, pounding the pavement and knocking on doors, I’ll have plenty of time to think. I’ll have plenty of time to wonder.

• I’ll wonder how my life would have been different if I had started outlining more than twelve hours before the first law school midterm. Maybe I would’ve gotten better than a B-.
• I’ll wonder how my life would have been different if I had followed the formula in Legal Research and Writing, instead of the flourish of my own pen. Maybe I would’ve made law review.
• I’ll wonder how my life would have been different if I had left myself open to opportunities in more fields than Intellectual Property. Maybe I would’ve found a job.

Maybe. Maybe.

But when such heavy thoughts weigh down on me, when my feet grow weary and I can’t knock on another door, when I’ve come home from another day of job-hunting, I will remember today, and I will look back on all my yesterdays. And I’ll be smiling.

I’ll be smiling because I’ll remember all the little things.

• Little things like telling Professor Nockleby, at 8am, in the fourth week of law school, “You know, I just can’t do it; I was up until 4am reading for this class, and didn’t get to this last case.”
• Little things like the first time my section went partying after the first midterm, and seeing the stress evaporate from my classmates.
• Little things like seeing everyone again after a summer away.
• Little things like dinner breaks with friends old and new during finals season.
• Little things like free coffee—wonderful free coffee—during finals.
• Little things like finding out that writing a decent paper for the upper division writing requirement was a lot less nerve-wracking, if not less stressful, than writing a decent memo for Legal Research and Writing.
• Little things like getting enough Lexis points to get a new iPod nano.
• Little things like standing up to speak for the first time during oral arguments at the end of first year and realizing that public speaking still makes my knees shake.

I’ll be smiling because I’ll remember all the big things.

• Big things like the MPRE and wondering with friends right afterward if we’re going to have to do it again. Sounds like the future, doesn't it?
• Big things like putting together a variety show chock full of people with a lot more talent than I can ever hope to possess.
• Big things like my first call back, even if it was out-of-state, and even if the rejection letter was sent out the very next day.
• Big things like studying abroad and getting to know people better in 2½ weeks than I ever thought possible.
• Big things like trying out for commencement speaker.

And, most of all, I’ll be smiling because of all the people I’ve met.

• People that studied with me.
• People that drank with me. (You know who you are.)
• People that lived with me.
• People that performed with me.
• People that laughed with me.
• People that lifted me up by smiling at me at the end of a long day.
• People that made me feel needed by leaning on my shoulder.
• People that taught me that, no matter how crazy life here was, there was always room for the outside world, for work, for love, for friendship, for meaning.
• In short, people that changed my life.

And so when I rest after a long day, no matter the heavy thoughts, I will reflect, and I will remember, that it is not so important, what could have been. What is important, what will carry me forward, what will make me smile, is all that has been.

At the end of this day is a line marked simply, “J.D.” As we close today and cross that line, let us look to our left, and look to our right. You are my brother. You are my sister. We have bunked down in the trenches together. We have shared joys and sorrows. And we have experienced together what few other human beings will ever have a chance to do. Let us look on each other then, smile, and remember, that come what may, our lives have been changed over the last three years. Remember the little things, remember the big things, but most of all, remember those that have shaped our lives.

To the administration and faculty, to our dear friends and family, from all of us to all of you, thank you for being there for us.

And to the Class of 2008, from me to all of you, thank you for these last three years, and I’ll see you on the other side!

I'm sorry I won't be able to share these sentiments from behind the podium on graduation day; but they are here now, and to all those that changed my life these three years, thank you, and I hope you'll continue to shape my life after graduation.

Revenge of the Nerds?

I've met people at law school that conform to this type--the "no action guy":

While these types of guys exist, however, there seems to be a lack of desperate girls at LLS. At least, girls who are desperate in the same way depicted in the video.

There's a Grain of Truth to That

It's Spring Break now, but I saw this online and I thought it was a great summary of the conundrum of law school ...

Happy Spring Break!

Prelims: Laying the Foundation; Bickering Defense Counsel

As I mentioned in a previous post, the elements are the most important thing. One thing that may be easy to overlook, particularly if you've become comfortable with preliminary hearings on the prosecution side, is that you must still establish that a police witness is, in fact, a police officer. Furthermore, in California, you should also establish the the officer has been a peace officer for more than 5 years, or has been POST-certified, so that he may, under Prop. 115, testify as to what others have said to him without such testimony being inadmissible hearsay.

The Stud took on a two-defendant narcotics sales case. The defendants were, essentially, the supplier and the hook, and the police witness was an undercover buyer. The Stud had laid out the basic facts of the case in his notes, but forgot at the beginning of direct examination to ask the officer what his occupation and assignment were, and the length of time for which he has been a peace officer. However, the Stud did recover and laid the foundation a little bit later on, and the defense attorneys were very nice about not giving him crap about it.

The case really became interesting later on, as the defense attorneys tried to shift the blame away from their respective clients to the other's client. In doing so, both attorneys failed to object when the officer, in answering their question, stated a pertinent piece of testimony that established who the supplier was. As for the hook, there was little his attorney could do, because the fact was that drugs and money (a pre-recorded $10 bill) had exchanged hands. The Stud and his supervising DDA were smiling at each other as the defense attorneys did what they had to do.

So, the morals of today are: (1) Always have a list of questions or a checklist of elements, even if you think you won't forget, especially when your experience is limited to one or two prelims a week; and (2) enjoy when defense attorneys try to blame each other's clients.

The result: The defendants were held to answer.

Track record: 4-0.

Barristers Ball 2008

The final Barristers Ball of Law Law Stud's student years has come and gone. The Stud went stag again, but joined up with a group. However, he was also a member of the Student Bar Association (SBA), so he did pitch in a little bit of time to help out. This year, the Stud will jump right into the pictures.

The pre-party.

Some members of the SBA board making sure the party went off without a hitch:

Pictures of the party proper.

Thanks to Gracey Facey for helping out with pictures while the Stud was off, apparently dancing or boogeying.