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Web posted Monday, February 11, 2002

Out of Court February 10, 2002

By Chet Olsen
For the Journal

Glass eye not enough to spring drunken driver with 'glassy eyes'

A Philadelphia public defender was representing a man accused of drunken driving. The arrest report submitted into evidence indicated that the arresting officer believed the accused was drunk because, among other things, he had "glassy eyes." During the trail, the public defender contested this charge by plucking a glass eye from his client's eye socket and showing it to the court. The judge, however, was not swayed. "You're missing the point," the judge told the lawyer, "It's only a glass eye. The police officer said 'eyes.' "

One dollar short, one day in jail

A Nebraska woman was fined $169 after pleading guilty to disturbing the peace. Several weeks later, the woman's daughter paid the fine with a check for $168, one dollar less than the amount of the fine. When paying the fine, the daughter claims that the court clerk did not dispute the amount and accepted the check. Nine days later, a warrant was issued for the mother's arrest. She was eventually arrested and put in jail. Jail personnel chipped in and came up with the dollar that set the woman free.

When jurors decide

Ever wonder when jurors make up their mind? A recent survey by the Tennessee Law Review may help answer that question. Jurors were asked at what point in the proceedings they decided how they would rule. Almost 4 percent said they made up their minds during opening. Another 20 percent decided after the presentation of evidence and another 8 percent during jurors' discussions. More than 46 percent of the jurors surveyed said they reached their decision during jury deliberations.

State Bar declines to ease torture

Representatives of the California Committee of Bar Examiners recently proposed that the California bar examination be shortened from three days to two. They argued that the shorter exam would save money and reduce stress. They also pointed out that most other states have a two-day exam. One representative called the current exam "grueling" and "almost cruel and inhuman treatment." The Bar's Board of Governors, however, was not impressed and voiced concern that a shorter exam might be perceived as a "dumbed down" exam. The board voted unanimously to keep the California exam three days long. Said one governor, "I took a three-day exam and by God, so should they."

Hearsay

"No, I'm with the Department of Motor Vehicles."

-- A potential juror when asked if he was in a helping profession.

Have something to share with Out of Court? E-mail it to Chet Olsen at (cholsen@ix.netcom.com).

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