FACT OF THE DAY!

right to counsel

The sixth amendment gives you the right to retain counsel, so if you have the monies to pay for counsel, then no one can interfere with that right.  The right to counsel is generally regarded as a constituent of the right to a fair trial.

“Nevertheless, where the right to be assisted by counsel of one’s choice is wrongly denied, a Sixth Amendment violation occurs regardless of whether the alternate counsel retained was effective”.

Kaley v. United States

134 S. Ct. 1090 (2014)   Cited 248 times   13 Legal Analyses

Describing the “vital interest at stake” in “the constitutional right to retain counsel of their own choosing,” as described in Gonzalez-Lopez, 548 U.S. at 146-48,150, and explaining that, “having the ability to retain the counsel [they] believe to be best – and who might in fact be superior to any existing alternatives – matters profoundly”

 

Rivera v. Marcus

696 F.2d 1016 (2d Cir. 1982)   Cited 65 times   
    • personState, Provincial or Regional Government
    • personGovernment
Holding that Plaintiff, who provided foster care for her half brother and sister, had liberty interest in preserving familial relationship and that termination of foster care agreement with state—without any notice of reasons for termination or any opportunity to retain counsel or be heard in subsequent proceedings—violated her rights to procedural due process

 

U.S.
v.
Gonzalez-Lopez

Not overruled or negatively treated on appeal info Coverage
U.S. Supreme Court Jun 26, 2006
548 U.S. 140 (2006)

In sum, the right at stake here is the right to counsel of choice, not the right to a fair trial; and that right was violated because the deprivation of counsel was erroneous. No additional showing of prejudice is required to make the violation “complete.”

BOXING: COMPUSTATS

charlo-harrison-compubox-punch-stats

I’m not big fan of compustats. The reason being is a person could land more punches but still lose if he/she is hurt every round, thus negating any compustat. The fights is generally won effective aggressiveness, general ringmanship, punches landed and the effect that punch had on his opponent. Let me first congratulate Tony Harrison, he got the nod and worked very hard for the victory. Let me also say that to be recognized as the best ever, you will always have to have at least one loss on your record. Apologies to Mayweather and Marciano. When Ray Robinson lost to LaMotta, Basilio, Fulmer, he came back to defeat these fighters, Fulmer with the perfect left hook, as it known today. What makes you great is not winning but coming back and beating the good fighter that got the best you previously. Resilience. If greatness was just based on being undefeated, then why would anyone fight anyone that has a chance of beating them. The reason Ray Robinson is the GOAT is because he fought people that had a chance of beating them while they were in their prime and he beat them, arguably when he was past has his.

The fight between Charlo and Harrison was a close match. Charlo did seem to go for the KO, mainly because he was looking for the Hurd fight and wanted to duplicate Hurd’s feat of KOing Harrison, probably in more devastating fashion and earlier then the current king of the 154 pound class did. If that’s true, we now see the dangers of looking past your opponent and thinking of the next opponent. Something trainers always say not to do. The fight was a closely contested match, which in my opinion saw Charlo eke out a win but Harrison was no slouch and concentrated on the man in front of him. That might have been the difference. Compustats actually back up my claim of Charlo winning but for pundits to say that the percentage of punches landed gives credence to Harrison winning would be misleading. Percentage is based on a mathematical equation of determining how close the number of punches thrown is to punches landed. If percentage mattered then the guy that just threw one punch and landed should beat the guy that threw 100 and landed anything short of 100 but more than 1. Unless that one punch knocked out his opponent, that one punch wouldn’t mean much nor would the accompanying percentage of 100% punches landed. I think we all realize that. This is not to take away from Harrison’s win, who aptly stated that the reason he won was because Charlo was going for the KO. Something he realized and used his opponents aggressiveness against him. Give Harrison the credit for being a smart boxer and adapting to Charlo’s style in the ring to secure his first title. I think a rematch is deserved and Harrison was gracious enough to offer it. Good for Harrison, a classy fighter.

DISCLAIMER

I wake up every morning with bunny ears which sometimes feel like radio antennas, which sometimes occurs during the day. If I have not clearly stated something about anything or anyone, while awake and coherent and not under the influence of anything, that damn wine and amazing Kreskin, then those views are not mine. (that’s a period at the end)

THOUGHT OF THE DAY

 

Superhero

There’s two ways to make yourself stand out. By your good deeds where people will put you on their shoulders or by pushing people down to make yourself look better. Only one actually moves you, the other moves people the wrong way.

#superhero #Ican’tdowhatyoucando

FACT OF THE DAY!

faceless

An example of a person that humbled me is a woman that came into the country illegally. Along the way she fought off a rapist, saved a person from getting murdered and when she got here, she bought her mother a house while she lived in attics and rented rooms..

HOW TO PICK A SUPREME COURT JUSTICE.

scotus 1

I never understood why a Supreme Court Justice is selected the way they are. They are the head of a separate part of government but are effectively kept out of the selection process. I always thought that the nine Supreme Court Justices should be the ones to select a suitable member, those that they unanimously agree on, nominate those three to five names and then have the other parts of government confirm one. This would promote continuity, non-partisanship, and legitimacy within the highest court of the land. Plus, it’s nice to work where everyone agreed on you. It would also end partisan bickering as now it wouldn’t matter who heads the Executive branch, a Dem or a Repub. Plus the way it is done right now is unconstitutional. How can you have a separate branch of government when the Judicial branch is dependent on the other branches for employment? The way it should work is 1) Have the Judicial Branch select qualified people, 2) Have the Executive branch nominate one 3) Have the Legislative branch confirm them. This ensures a separate and fair government. That scenario would be acceptable as it still meets the Appointments Clause of the Constitution and maintains the separation of government. But what do I know, I still haven’t figured out my VCR, which my son says is a cable box. Damn things are tricky.

This is just an opinion piece. I could be wrong about the whole premise. This is just my opinion. Everyone should form their own.

CRYING, JUST DO IT!

Crying

How Crying Is Good for You

  1. It Relieves Stress
    Chronic stress can increase the risk of heart attack, damage certain areas of the brain, contribute to digestive issues like ulcers, and cause tension headaches and migraines, among other health issues. “Humans’ ability to cry has survival value,” Frey emphasizes. While crying may not be as effective as respite care, most family caregivers could use a bit of stress relief.
  2. Crying Lowers Blood Pressure
    Crying has been found to lower blood pressure and pulse rate immediately following therapy sessions during which patients cried and vented. High blood pressure can damage your heart and blood vessels and contribute to stroke, heart failure and even dementia.
  3. Tears Remove Toxins
    In addition, Frey says crying actually removes toxins from the body. Tears help humans eliminate chemicals like cortisol that build up during emotional stress and can wreak havoc on the body. Crying is both a physical and emotional release that helps humans start over with a blank slate.
  4. It Reduces Manganese
    The simple act of crying also reduces the body’s manganese level, a mineral which affects mood and is found in significantly greater concentrations in tears than in blood serum. Elevated levels can be associated with anxiety, irritability and aggression.
  5. Embrace Your Emotions and Humanity
    While the eyes of all mammals are moistened and soothed by tears, only human beings shed tears in response to emotional stress. Crying acknowledges the feelings you’re experiencing, and emotions motivate us to empathize, coordinate and work as a unit to best survive. In fact, crying serves an important social function. It helps communicate the strength and nature of relationships, elicit sympathy and draw individuals closer to one another.

The next time you’re feeling overwhelmed and fighting back tears, do yourself a favor and keep these points in mind. Finding a quiet place to decompress or a supportive shoulder to cry on might be exactly what you need. I would never date a woman that cannot cry. IF I had to choose between a woman that cries all the time and a woman that doesn’t cry at all, I would just have to buy a bunch of handkerchiefs.