Insomnia

Once in a while my old friend insomnia will stick its ugly little head into my life. Tonight seems to be one of those times.

I spent all day in court arguing finer details of child custody with a seemingly clueless attorney on the other side. After a rather devastating cross-exam of his client which included having her read back her prior testimony in another case I handled with a different baby daddy. In total we read 16 pages of prior inconsistent testimony.

When I was done I was tempted to ask the attorney "did you even talk to her about what the hell was going on?" but instead I watched him sink into his chair looking completely defeated. He did not even make an attempt to rehabilitate his client with re-direct.

In the mean time the senior partner took on a new case that goes to trial tomorrow at 9:00 am and wait for it.......yep I am expected to try it. But to make sure it is a bang up day, I have my own case set to be heard at 10:30 am. So sleep is needed in a big way.

Update – this was written on Tuesday and I have since been back to court.

We did not get or motion to continue granted, our motion to set aside a default is under advisement, (I expect it to be denied) and insisted to hear evidence on damages. The it got fun – the other side was so unprepared to present testimony about their damages – the whole point of the hearing. After 9 objections to improper questions, improper attempts to refresh memory, hearsay, lack of foundation etc etc the Judge stopped the hearing and the other attorney left the court room with a new rectal orifice and I have until the 28th to prepare to truly cross his client and challenge the damages.

My case did not go so well – the Judge decided in Mississippi a tenancy is created only with a signed lease or payment of rent – totally reading out of existence tenancy at will and tenancy at sufferance. But what do you expect from a former assistant D.A.?