Matthew's Foray into Blogging

Homemade French onion soup

2007-04-01T17:29:00.000-07:00

When you put your bowl of French onion soup under the broiler, don't become distracted. The cheese will burn in no time.

2006-12-25T18:37:00.000-08:00

Long time, no blog.

Will they really be missed, though?

2006-12-17T19:32:00.000-08:00

Remember those holiday greeting cards I bought last year, but never mailed out? Looks like they won't be sent out this year, either.

I’ll Tell You What You Can Do with Your Brine!

2006-11-27T02:12:00.000-08:00

I’m tired of the “brining” fad. Every chef and person who can have him or herself associated with food says we have to brine our Thanksgiving turkey. Scott Tycer, formerly of Aries, currently of Pic, even suggests using a brining needle, to inject the brine into the joints! If turkey is so dry and bland that it requires brining, why bother eating it? We dry age beef to intensify the flavor. But we’re supposed to water down our turkeys with flavorful liquids. Just start with a good turkey, like an organic or a heritage bird, and don’t overcook it.

Carrot Cake Is a Vegetable, Right?

2006-11-23T03:41:00.000-08:00

A family member celebrated a birthday this last weekend. For this occasion, we had lunch at Grotto. I went into it with the lowest expectations. Alison Cook panned it. Tilman Fertitta, the showman whom I hesitate to call a restaurateur and who owns the aquarium restaurant and the miserable landry’s chain, lays claim to Grotto. Besides trying to make a profit from crappy restaurants, Fertitta started out peddling porn mags. I am reluctant to patronize any restaurant associated with Fertitta. Nonetheless, the servers and buspersons were polite, they kept the water glasses topped off, they did not try to push expensive items to run up the bill, and the salad I had was impeccably fresh! Unlike the salads that I have eaten at a number of restaurants, there were no greens that were past their prime. I thought our wait staff was deserving of a generous tip.

The member of our party who was paying has a reputation as being an ungenerous tipper. Not only do servers earn a wage below the legal minimum, which is supposed to be augmented by tips, but also they share a percentage of tips with the bus persons. Many of these people so employed are immigrants, just trying to get by in this country, and hoping to send some back to their relatives south of the border. The servers frequently hope just to make ends meet. So, when the individual who was picking up the tab tipped a mere ten percent, I was dismayed. Never mind that the restaurateur is reaping a profit off his marked-up offerings. The servers are doing all they can to scrape by on minimum wage. If you stiff anyone on the tip, you’re not hurting the smut-peddling Fertitta. I formerly was a lousy tipper. However, I have been making an effort to remedy this. I was the last of our party to depart the table. As I was rising, I placed some cash on the table to bring the tip to twenty percent.

----------------------------------------------------

For the birthday cake, the guest of honor had requested one of two cakes. I had not previously made a carrot cake, so I selected that one of the two suggested desserts to prepare. Not only do carrot cakes – which are more akin to quick breads and muffins – require assembly of the wet ingredients and the dry ingredients, but also there is the added step of finely grating six or seven carrots. I was pleased with my first-ever carrot cake, with a delectable cream cheese frosting. Since it has carrot in it, it does qualify as a vegetable serving, doesn’t it?

Madeleines

2006-11-17T02:22:00.000-08:00

I had not previously eaten a madeleine, the little French cakes baked in pans with scallop-shaped indentions. I had not even seen a madeleine before. I had always wanted a pair of madeleine pans, though, so I could bake the diminutive French cakes. The birthday bunny, or Santa Claus, or whoever leaves the gifts underneath my pillow on the anniversary of my birth every year brought me a pair of nonstick madeleine pans this year!

Madeleines are probably best known in America because of their role in Marcel Proust’s À la recherche du temps perdu, or Remembrance of Things Past, where the narrator’s memories of his childhood are brought back to him when he dips a madeleine into a cup of tea.

Marcel Proust’s madeleine was allegedly dry. The madeleines produced during my first attempt at baking them were delicate, cake like, and moist. I was quite pleased with the resulting scallop-shaped little sponge cakes.

Next, I want some canelé molds!

Participating in the Political Process

2006-11-12T03:09:00.000-08:00

I early voted in the midterm elections. From an economist’s perspective, voting is irrational. An individual’s single vote is most likely not going to alter the outcome of an election. Thus, the benefits outweigh the costs of going to the polling place. This is particularly true if one lives in a solidly “red” or “blue” state, or a district that will invariably go to Republican or Democrat candidates. If one is inclined to support an independent or a third party candidate, one is really throwing away his or her vote. Nonetheless, I enjoy participating in the political process. I particularly enjoy voting for independent and third party candidates. Although Richard “Kinky” Friedman, running as an independent, won only 12.6% of the gubernatorial votes, my vote was among those. Quanah Parker, the son of the Native American leader of the same name, running as a Libertarian, garnered 24.1% of the vote in his attempt to win a seat on the Republican Court of Criminal Appeal. My vote was among that 24.1%. I am under the delusion that casting a ballot for an independent candidate counts for more than a vote for a major party candidate would, because my vote is not lost among the votes of the masses. Rather, my voice stands apart from the crowd. My expression of my dissatisfaction with the two major parties is more apparent.

If no one voted, why bother to have a democracy?

Happy Birthday, to Me

2006-11-05T03:19:00.000-08:00

My sister did a fabulous job baking my birthday cake. Everything was homemade - from scratch. I was particularly impressed by the chocolate mousse frosting.

Making pizza, one of which my sister captured on film, is always fun, also.

Biting Off More Than I Can Chew

2006-10-30T02:20:00.000-08:00

Weekends are short enough as it is, and I already try to pack too much into them, but when I go to the grocery store on Saturday mornings, often times, some food item will jump out at me. For instance, this weekend, I saw tomatillos that were as fresh and verdant as any I had ever seen. I could not pass them up, so, in addition to cooking the beef brisket that I had planned, I was going to have to find something to do with a pound of tomatillos. Then, in the meat department, I saw some bone-in, “natural” pork loin chops. HEB has been offering a broader selection of “natural” beef and pork. “Natural” need not mean anything more than that artificial colors have not been added, but the people at HEB promise that it means that the animal was raised without the use of antibiotics, hormones, animal byproducts, industrial waste, etc. As I could not pass up these nice looking pork chops, I also had to incorporate them into a meal. Some of those organic collard greens I saw in the produce department would accompany the pork chops well. Before I know it, I have spent a good part of my weekend in the kitchen, preparing all of this tempting-looking food that caught my eye at the grocery store.

Daylight Saving Time Ended

2006-10-30T02:05:00.000-08:00

I found that hour I lost back in the spring.

Something Different

2006-10-24T03:11:00.000-07:00

I cooked baby back ribs this last weekend. Since I am the only Texas resident who does not own a barbecue pit, I braised them in the oven, using an Alton Brown recipe. I selected the “natural” pork from HEB, which – the good folks in the meat department promise – means it wasn’t fed any animal byproducts. I don’t cook baby back ribs too often (this might have been the second time), so it’s fun to try something different. They turned out quite well.

Great Flood

2006-10-16T18:45:00.000-07:00

As soon as I finish constructing my ark and loading the animals two-by-two, the rain stops! Doh!

Free Panty!

2006-10-15T03:58:00.000-07:00

I get a kick out of the offer that arrives in the mail occasionally, addressed to my Dad, from Victoria’s Secret, for a “Free Panty!”

Multi-Headed Beast

2006-10-09T02:26:00.000-07:00

An analogy that aptly describes the firm for which I work likens it to a monster with multiple heads, none of which knows what the other is doing.

CROCS® at Work

2006-10-05T17:36:00.000-07:00

If I bought a pair of black CROCS, I wonder if I could wear them to work with a suit. CROCS are super comfortable. Stylish, too.

$2.00 a Gallon Gasoline!

2006-10-01T07:37:00.000-07:00

$2.00 a Gallon Gasoline at HEB! Now I can buy that 11 gallon per mile SUV I have been wanting.

Learn Something New Every Day

2006-09-27T03:01:00.000-07:00

In law school criminal procedure courses, students learn that the Fourth Amendment of the Constitution requires that police have “probable cause” to arrest, that is, facts that support that a person committed a particular crime. Law students also learn that police can make an “investigative detention” based on a lesser standard – “reasonable suspicion,” that is, facts and inferences that would lead a reasonable officer to believe that a crime is afoot. Additionally, all arrests must be reasonable, per the Fourth Amendment. If an arrest is made pursuant to a warrant, it is reasonable, but there are numerous exceptions to the warrant requirement.

Applied to a real-life scenario, this means that the police cannot randomly pull people over on the roads to determine whether they are Driving while Intoxicated. The authorities cannot even wait outside bars to pull over the patrons as they depart the drinking establishments. Rather, reasonable suspicion to stop must exist. Reasonable suspicion to stop amounts to a violation of a traffic law, such as speeding, or a license plate light being out. When the officer approaches the vehicle, and smells the strong odor of alcoholic beverage, notices the slurred speech, and the glassy, bloodshot eyes, the officer can administer standardized field sobriety tests, and ask the suspect to submit to a breath test (all of which the citizen can and should refuse). If the officer determines that the person is operating a motor vehicle in a public place while not having the normal use of mental or physical faculties by reason of the introduction of alcohol or any other substance into the body, or the person has an alcohol concentration of 0.08 or more, probable cause to arrest exists.

A useful statute for providing the reasonable suspicion is Texas Transportation Code § 545.060, entitled “Driving on Roadway Laned for Traffic,” which provides, in part, “(a) An operator on a roadway divided into two or more clearly marked lanes for traffic: (1) shall drive as nearly as practical entirely within a single lane; and (2) may not move from the lane unless that movement can be made safely.” The officers will cite this variously as “Fail to drive in single lane,” “Fail to maintain lane,” “Changes lanes when unsafe,” or some variation thereof. Essentially, this is a means to make a traffic stop because a driver is weaving on the road. However, a Texas case that is a great boon to lawyers whose clients who are charged with Driving while Intoxicated exists: State v. Huddleston, 164 S.W.3d 711 (Tex. App.–Austin 2005). Huddleston holds that, essentially, weaving, by itself, is not sufficient. Rather there are two parts to the statute: (1) there must be a lane change, and (2) the lane change must be unsafe. At a suppression hearing n Huddleston, the officer testified that Ms. Huddleston never crossed the fog line (that solid stripe on the right side of the road) in an unsafe manner. The court held that witnessing Ms. Huddleston safely cross the fog line five times over a stretch of six miles did not give the officer a reason to suspect that she was unsafely failing to remain in a single lane in violation of § 545.060.

Following is what I learned most recently. We had a client who was charged with DWI. A Motion to Suppress was filed because the reason for the stop was nothing more than crossing the fog line. A suppression hearing was set. At a suppression hearing, the defense has the burden of proving that an arrest was made without a warrant. Thus, the defense has the first go at whatever witness it wishes to call, usually the arresting officer, in a DWI case. At the outset, the prosecution will offer to stipulate that the arrest was made without a warrant. Many defense attorneys will agree to stipulate that a warrantless arrest was made. At this point, the defense has met its burden. The burden shifts to the prosecution to prove that, although there was no warrant, the arrest was reasonable. The State now has the opportunity to call its witnesses of choice, without the defense having conducted direct examination of the arresting officer. Now, the prosecution calls the arresting officer to the stand, and essentially says, “Officer, tell me how recklessly the defendant was driving!”

Cleverly, at this suppression hearing, my employer refused to stipulate that the arrest was made without a warrant. This caught the prosecutors off guard. Thus, the defense still had the burden of proving that the arresting officer did not have a warrant, as a result of which, my employer had the opportunity to have the first shot at questioning the arresting officer. It was elicited that our client’s crossing of the fog line was hardly unsafe. There was no violation of § 245.060, and thus no reasonable suspicion to stop. Good bye, DWI.

The Representation the Constitution Guarantees?

2006-09-23T04:55:00.000-07:00

If an attorney is not going to devote the same attention to his or her appointed clients as the attorney devotes to his or her retained clients, why bother being on the appointment list? I have heard numerous clients who are represented by court appointed attorneys remark that they are not satisfied with their court appointed attorneys’ representation. I have also heard a number of attorneys remark that they do not invest the same amount of time in their court appointed clients’ cases as they invest in their retained clients’ cases.

Work on Weekends

2006-09-17T05:11:00.000-07:00

I don’t mind working on weekends, provided I don’t have to go into the office. Since I am not paid by the hour, it does not benefit me to clock in to surf the Internet. I am not suggesting that anyone does this, but I can take my work home with me, and save the gallon of gas that I would use in driving the thirty-mile roundtrip. Of course, I lose out on making an appearance at the office on weekends, but that is a small price to pay.

A Special Place

2006-09-15T03:06:00.000-07:00

There is a special place in hell reserved for judges and prosecutors.

Infrequent Blogger

2006-09-13T03:06:00.000-07:00

My mind and my time have been too preoccupied with work as of late for me to devote attention to blogging. Alas.

Screw the Environment!

2006-09-05T18:24:00.000-07:00

It may take “many years and tens of billions of dollars” to bring it to market, but the discovery of oil and gas reserves in the Gulf of Mexico could increase reserves by more than 50 percent! Now I can buy that .12 mpg Hummer 6 I have been wanting, and without suffering from a guilty conscience!

What? Where?

2006-09-04T19:47:00.000-07:00

Where did my three-day weekend go? Looking ahead, I don't think we have another extended weekend until the end of November.

Obsessive-Compulsive Disorder

2006-09-02T05:55:00.000-07:00

My mom suggested that I might exhibit obsessive-compulsive behavior. It might not bother me, she said, but it does disturb other people. She recommended that I consult a doctor, who could then prescribe medication to treat this alleged obsessive-compulsive disorder. Shouldn’t I see a specialist who could diagnose me as OCD, rather than just getting some GP to medicate me?

Would this medication be a mood altering substance?

490 Miles for Barbecue

2006-08-29T03:35:00.000-07:00

I drove 490 miles roundtrip for barbecue. Luling City Market sells some storied offerings from the barbecue pit. Actually, I did not make the drive just to buy barbecue. I happened to be in Bexar County, and I stopped off on my way back to Houston. City Market does not provided utensils for dining, and they serve the barbecue wrapped in sheets of butcher paper. I skirted this lack of forks by purchasing some beef brisket for carryout.

The beef was seared on the outside, with a flavorful, crunchy crust, and it was moist and tender on the inside. It had an intensely smoky flavor. I hope using a fork and knife is not considered cheating.

Homebody

2006-08-16T18:13:00.000-07:00

I am traveling to Mason, Texas this weekend. I am looking forward to visiting this quaint, historic town. I would much prefer to have a three- or even four-day weekend, though. I like to take it easy on the weekends. Driving five hundred-plus miles roundtrip, and staying in unfamiliar accommodations, does not make for the most relaxing weekend, for me. Well, I can just look forward to the next weekend.

I Pity the Fool!

2006-08-13T11:07:00.000-07:00

…who has to fly from Gatwick Airport, London, to Intercontinental Airport, Houston, in the wake of the failed terrorist attacks. My sister happened to be returning from a two-month European tour at a rather inopportune time. Days before she was to fly back, British authorities thwarted a terrorist plot to blow up airliners from the U.K. bound for the U.S. Fortunately, the terrorists’ nefarious plot was foiled. However, the discovery of the planned attack prompted heightened security and, consequently, significant delays at airports. My sister’s flight was only delayed for a bit shy of three hours. Unfortunately for me, she was unable to carry back any Scotch or Irish whiskys. Carryon luggage was severely restricted, and the transport of liquids, such as water, fragrances, hair styling aids, and liquor, was prohibited, as bombs consisting of liquid materials were among the weapons the terrorists planned to use. I was so looking forward to a bottle of Laphroaig. I am glad that my sister is safe at home.

Classics (Tie Knots, That Is)

2006-08-11T20:33:00.000-07:00

I am fairly please with myself! I tied a decent looking full Windsor tie knot today. My proficiency in tying ties is improving. I had started with a four-in-hand, and then I ventured into the tying of a half Windsor. I may have progressed to a full Windsor. I still rely on the four-in-hand and the half-Windsor, but it is quite useful to have an additional knot in my repertoire. No matter how expertly my ties are tied, though, I’m sure no one other than me notices.

“Those are topless club prices!”

2006-08-03T03:05:00.000-07:00

The Saint Arnold Divine Reserve No. 2 has been released. I was a bit put off by the price of $13.00 for a six-pack. That’s over twice as much as I am generally willing to pay for beer. A coworker remarked, “Those are topless club prices!” According to the description on the Saint Arnold website, “Divine Reserve is a series of single batch beers, each brewed with a completely different recipe.” The Divine Reserve is produced in extremely limited quantities, as in fewer than 500 cases. Is this a clever marketing gimmick, designed to allow the Saint Arnold Brewery to charge outrageous amounts for beer? Or is the Divine Reserve worth over $2.00 per twelve-ounces?

The more I read about it and the more I contemplated it, the more convinced I became that I had to try the exorbitantly priced Divine Reserve No. 2. If “it is best described as an Abbey American quadruppel,” two dollars for a 12-ounce might not be unreasonable, I supposed, considering that similar style beers, like Chimay or Maredsous (the production of which has been entrusted to Duvel Moortgat), cost around $6.00 to $9.00, respectively, for 750 mL bottles. Additionally, I justified purchasing a $13.00 six-pack when I considered that even a domestic brew purchased in a restaurant or bar would likely cost more than $2.00.

I found the Divine Reserve No. 2 to be sickly sweet, syrupy. It might better be consumed during the colder months. If the objective of drinking beer is to become intoxicated, this is a good pick, at 9% alcohol. If this beer “should develop well in the bottle over time,” maybe I will let it continue to take up room in the fridge. Maybe it will improve with age, or perhaps its flavor will be more agreeable with the arrival of cooler weather.

Grin and Bear It, or, Choke It Down!

2006-07-29T05:10:00.000-07:00

Rancho Grande – that is what I get for being too lazy to make my lunch for just one day. Could I have told my coworkers that their choice of restaurants did not meet with my approval and that I would therefore not be joining them?

Outstanding Coffee Beverages, without the Syrup

2006-07-27T03:12:00.000-07:00

My new Aeropress is awesome! It even produces crema on the top of the espresso (which is a sign of a good cup of joe). I made a fine cappuccino last weekend. No one else seems to get as big a kick out of it as I do, though.

Can the Government Put My Money to Better Use Than I Can?

2006-07-25T03:27:00.000-07:00

I wonder why my “accountant” structured the transfer of title of the Si from my brother to me such that I ended up paying $540 for tax, title, and license. This wasn’t an arm’s length transaction between unrelated parties. When I mentioned to my “accountant” that the transaction could be labeled a gift, thus avoiding incurring tax, my “accountant” asked, “You want to do the right thing, don’t you?” If “doing the right thing” means saving me money at the expense of the wealthy, wasteful, greedy government, then, yes.

One would think this CPA would be looking out for my bottom line, particularly since my “accountant” also happens to be my dad.

It was another one of those weeks.

2006-07-23T10:20:00.000-07:00

I think I will start working on my two-week notice this weekend.

Defenders of the Constitution

2006-07-19T03:33:00.000-07:00

To be a district attorney or an assistant district attorney, one must be willing to screw with other people’s lives. DA’s have to be vindictive and obstinate. DA’s are typically lazy, too. Criminal defense attorneys have to be smarter than prosecutors need be. I mean, the laws are written in the favor of the State. The criminal defenders must work with laws that are drafted against their clients.

Criminal law is not “good guys” versus “bad guys.” Criminal defense attorneys are defenders of the Constitution.

Even Pickier Than Me?

2006-07-18T03:11:00.000-07:00

I had lunch yesterday with a friend who is on a “raw food” diet. Apparently, the theory of such a diet is that heating food beyond 110° or so renders it incapable of being metabolized by the body, or something. My friend says she has benefited immensely from this diet. She has so much more energy, and she is free from many of the health maladies that plagued her before.

I don’t know that I will ask her out for lunch, again. It’s not that I didn’t enjoy visiting with her, or that her food preferences caused her to be anything less than the most pleasurable dining companion. She does not adhere unwaveringly to her diet. If someone invites her out to eat, or to dine at one’s house, she will eat what is available.

Rather, I know how, um, finicky I am about dining in restaurants. It would be even more difficult to deviate from one’s eating regimen if one were on such a restrictive diet. Out of consideration for my friend, I will not “impose” on her again.

Living for the Weekends

2006-07-17T02:47:00.000-07:00

The much anticipated, long awaited weekend finally arrived. And now it is over. Just five more days until the next one. Is it not good that I spend my weeks looking forward to my weekends?

So Tired

2006-07-14T03:20:00.000-07:00

I think I have been operating under a sleep deficit. That might explain my irritability and the fact that everything seems to be going awry. Shouldn’t the weekend have arrived already?

Sazerac Cocktail

2006-07-11T03:27:00.000-07:00

I am the fool of whom they speak of parting with his money. I recently developed an interest in trying a Sazerac cocktail. The Sazerac is among the oldest cocktails. It was created by Antoine Peychaud, a New Orleans apothecary, in the 1830’s. Bitters originally were used for medicinal purposes. The libation that came to be called the Sazerac cocktail evolved into the following recipe.

1 lump sugar
3 drops Peychaud’s bitters
2 ounces rye or bourbon whiskey
Splash Herbsaint or anise flavored liqueur
1 strip lemon peel

Fill a small old-fashioned glass with cracked ice and set aside. In another small old-fashioned glass, put the lump of sugar and just enough water to moisten it. With a spoon, crush the sugar, then add the Peychaud’s bitters, Angostura bitters, whiskey, and several ice cubes. Stir. Never use a shaker. Empty the first glass of ice, add the Herbsaint or anise flavored liqueur, twirl the glass around to coat the sides, and pour out most of what remains. Strain the whiskey mixture into the glass, twist the lemon peel, and serve immediately.

My curiosity got the best of me, and I went out and bought the ingredients for the Sazerac cocktail. Liquor is not cheap.

I, of course, never pour out any of the Herbsaint. If there is more than an insubstantial amount, I just drink it. Some recipes call for the inclusion of Angostura bitters, but I prefer to omit that ingredient, as Angostura bitters are present in nearly every cocktail that includes bitters; instead I allow the Peychaud’s bitters to shine. Even though rye whiskey is supposed to be traditional, I used Maker’s Mark, which, though pricey, is not too expensive for a small batch bourbon.

I found this to be a most enjoyable cocktail. The Peychaud’s bitters and the Herbsaint are detectable, but not overwhelming. The bitters add a slight sweetness and have a faint aroma of licorice, to me, and the Herbsaint, predictably, contributes an anise-y warmth. The water from the melted ice diminishes the straight alcohol flavor. Although I am limiting my consumption of Sazerac cocktails to at most one a day, I may need to go drop some more cash for another bottle of whiskey soon.

Jittery from the Caffeine

2006-07-04T13:29:00.000-07:00

I read about the Aerobie® AeroPress™ Coffee & Espresso Maker in this article a few months ago. Inventor Alan Adler created the syringe-like coffee press, which makes a rich, smooth, low-acidity cup of coffee.

When I brought it to the attention of a friend who is fond of coffee, she ordered one. What sold her was not the claim that it makes the best cup of coffee you’ve ever tasted. No one says their coffee maker makes a mediocre brew, she said. Rather, the convenience and portability convinced her to try the Aeropress. My friend has moved to a rural location where there is not a Starbucks to be found.

I have come to enjoy an occasional cup of coffee, so I decided to order an Aeropress a few weekends ago. With shipping, it cost just over $30.00. It took a week for it to ship from Seattle via snail mail, and I finally had the opportunity to try it out last weekend. It does make a remarkable cup of joe. The Aeropress produces a concentrated espresso. By adding water, it is possible to make an Americano. The coffee is quite good, and it is fun to make coffee using the Aeropress. As a result, my caffeine consumption has increased considerably

“Crack found in shuttle’s foam”

2006-07-03T17:35:00.000-07:00

Crazy crack-head astronauts.

Damned TV Dinners!

2006-07-03T17:30:00.000-07:00

I am… upset. What is the point of owning an ice cream maker when the f*@#ing ice cream cylinder always gets pulled out of the freezer to make room for the damned TV dinners that some indiscriminate TV dinner-eating fool likes to eat? There will be no serving from the frozen dessert food group for the Fourth!

Pressure

2006-07-01T19:44:00.000-07:00

Clubs are not my thing. Going out and staying up late are not for me. However, I had no choice last weekend. Fellow employees had been asking me to accompany them when they went “clubbing,” and I had declined. However, at the beginning of last week, they “established” that I was going out with them. They were talking about renting a limo to ferry them between clubs. They were also talking up this event to everyone. People all about the courthouse had caught word of it. Some were telling me it would be fun. Others were warning me not to go.

We only went to one club, Red Door. It was dark and deafeningly loud. I had a few drinks at the coworker’s house before the limo arrived, but I did not drink anything at the club. I had to sleep all day Saturday to recover.

I suppose I should be flattered that they desired my company. In the future, it will be easier for me to escape, as I can now say I have done it, and I reconfirmed that I am ill-suited for clubbing.

This Week Cannot End Soon Enough

2006-06-30T03:15:00.000-07:00

This week has been more fraught with mistakes than most. My day usually starts out well enough. Then I arrive at work.

No good deed goes unpunished.

¿Como se dice…?

2006-06-26T03:15:00.000-07:00

How can I learn to speak Spanish? I need to stop saying I want to learn to speak Spanish, and I just need to do it. I guess I should start trying to speak Spanish to people who are fluent in it.

Our schools did us a disservice. They should have started us early on learning Spanish and other foreign languages. In sixth grade, when they were telling us about studying Spanish, they scared us off by telling us that we had to have mastered diagramming sentences in English, and other B.S. like that. Now, I cannot communicate with a sizeable number of Texans.

Buenos días. ¿Cómo está usted? ¿Cómo fue tu fin de semana?

Battling the Establishment

2006-06-22T18:27:00.000-07:00

Kinky Friedman made it onto the Texas gubernatorial ballot, the Houston Chronicle reports. My signature on the petition came through!

Flawed Logic

2006-06-21T03:04:00.000-07:00

I am typically pretty good about saving my money. I often forego purchasing items I would like to purchase, but don’t need. So it really smarted when I had to spend a sizeable amount of money on bodywork for the Si. This prompted me to question my frugality. I decided that, if I am going to have to throw away cash for something on which I would really rather not spend money, I might as well fritter away my money on purchases I want to make. Thus, I bought one of those Japanese knives about which I have been reading. The Japanese kitchen knives are supposed to be superior to the German kitchen knives. The blades of Japanese knives are thinner than the German knives, as a result of which less force is required to cut through food. The blades are also forged by hammering the steel, rather than just stamping them out of a piece of metal, as with the German knives. I did not buy a $1,000.00 or even a $400.00 knife. I bought one of the Shun knives for the low, low price of $135.00. And it is incredibly sharp!

Are You Upset?

2006-06-17T18:54:00.000-07:00

When we were driving home from Bombay Sweets and the Galleria, I thought my sister was angry, as she was driving rather fast. But, no, she was not angry. She just likes to drive fast [and recklessly], she said.

Overhyped

2006-06-17T17:11:00.000-07:00

I am not going to be persuaded by any more of Alison Cook’s restaurant reviews. I do not totally disagree with her assessments, but I think she tends to be slightly overzealous in her praise. I have not found the restaurants on which she lavishes such accolades to be as extraordinary as she would lead the reader to believe. I had been much looking forward to trying Dolce Vita. I thought it was smarter than the average bear, but I had the highest expectations after reading what Ms. Cook had to say about it. And how, I wonder, did Ms. Cook single out Bombay Sweets for such a rave review? It is rather nondescript in appearance, and it is nestled among a slew of other Indian eateries. If it is as superior to other Indian restaurants as Ms. Cook claims, Indian food in Houston must be the pits. Shade, where I dined with Thomas (who no longer seems to occupy the blogosphere), was immensely better than your usual dining venue, but it was simply not as divine as I had anticipated after reading Ms. Cook’s article. Of course, she is trying to sell newspapers, and she no doubt seeks praise for her work. And the more extravagant the review, the better the read.

When Will I Learn to Avoid the Buffets?

2006-06-13T03:15:00.000-07:00

Enjoying the Sunday brunch buffet at Hugo’s is not what someone whose pants seem to be fitting tighter needs to be doing. The Sunday brunch buffet, with the various offerings from Hugo’s “Regional” Mexican kitchen available for one to sample, was fun. I enjoyed some of the delicious hot chocolate made from the Mexican chocolate they make right there at Hugo’s. The company was most pleasant, also, as I dined with Thomas, his brother, and a mutual friend from law school. It ceased to be fun, though, when I became uncomfortably full.

The Pot Calling the Kettle Black

2006-06-11T03:49:00.000-07:00

Before Congress in his parting rant, Tom DeLay characterized liberalism as seeking “more government, more taxation, more control over people’s lives and decisions and wallets,” as The Houston Chronicle quoted. This sounds like a description of DeLay’s Republican Party, as well. Hasn’t spending increased under this Republican Congress like never before? Aren’t the Republicans attempting to restrict rights by determining who can’t marry whom? Did the Republicans not interfere in a Florida family’s decision as to whether a brain dead woman had a right to die?

Pizza Blanco

2006-06-10T17:46:00.000-07:00

I am eating white pizza for dinner tonight. I ran out of time to make tomato sauce. I typically make the pizza dough the night before, so it can undergo a slow rise in the refrigerator. This improves the flavor and makes for fewer tasks to be performed on the day of pizza making. I also generally make pizza Margherita, with just tomatoes, basil, and mozzarella. However, there is no basil growing in the yard. Since some people in the household must have meat with every meal, I will make a few pizzas with prosciutto di Parma, arugula, tomatoes, and mozzarella. Tonight, I made such a pizza for two. But only one is eating. I am home alone. This time, I added the arugula after baking the pizza, as at Dolce Vita. I should have added the Parma ham after baking, also. I do not like how it crisped up like bacon. Homemade pizza is good, though. And fun to make.

“Mister” Zarqawi

2006-06-10T04:48:00.000-07:00

Two USAF F-16’s “engaged” Abu Musab al-Zarqawi with a 500 lb. bomb. It reflects that the New York Times is a first-rate publication in its practice of referring to as “Mr.” and “Ms.” The people who are the subjects of articles. But do Saddam Hussein and Abu Musab al-Zarqawi really deserve to be accorded that respect?

Wacko, Texas

2006-06-09T03:30:00.000-07:00

I found myself in Waco, Texas this last weekend, to attend a family reunion. It had been quite some time since I had last visited Waco, and it would suit me fine if it were quite some time before I visited Waco again. It is not an easy city to navigate. Although my mom and sister, traveling in a separate car, were quickly able to make their way to Highway 6 to proceed to Houston, my dad and I had to ride the loop for a while before we were heading southbound on Highway 6. Additionally, the streets take dangerous turns at intersections. I don’t know what happened on one occasion, but my brother and I were traveling perpendicularly to the numbered streets, when, all of a sudden, without changing directions, we were traveling on a numbered street. I observed that Waco had an abundance of churches, payday lenders, and tobacco shops.

Prior to spending two days in Waco, I was in Austin for a CLE. The Four Seasons on the lake, where the two-day CLE was held, is quite remarkable. Unfortunately, I did not stay in the Four Seasons. The discounted group rate was $200.00 a night. The regular rate is $370.00 a night. I stayed in a $90.00 a night hotel a few miles down the highway. Interestingly, there was no Bible to be found in the hotel room.

Austin is a neat town. While I was there, I was able to eat at a few restaurants I had been curious to try. Ashley had recommended Swad. Most of the diners were of Indian origin. When I caught a glimpse into the kitchen, it was staffed by Indian ladies clad in saris. One of the patrons with whom I conversed (for assistance in interpreting the menu) remarked that Clay Pit, which my sister recommends, was akin to P.F. Changs, that is, it was Americanized. Swad, conversely, featured more authentically Indian cuisine. I am not well versed in Indain food, so I cannot begin to label the offerings I sampled, but I did try a sampler platter. The food was different from what I have eaten at other Indian restaurants. There seemed to be more sauce, and less meat or vegetables. Swad was exclusively vegetarian, which was not objectionable to me.

I also tried Z’Tejas. I do not recall where I read about Z’Tejas, but it was reviewed favorably in some publication. When I was trying to locate Z’Tejas via the Internet, I discovered that it was a chain. Although it was not too objectionable – the catfish tacos were satisfactory at $9.00 – it was not worth the ten-block walk from the Four Seasons. At noontime in late May. Clad in wool dress clothes. The exercise did not hurt me, though.

Dolce Vita

2006-05-28T12:25:00.000-07:00

I dined at Marco Wiles’s new pizzeria, Dolce Vita Pizzeria & Enoteca, on Friday. I was quite excited about it and I had high expectations, after having read Allison Cook’s and Robb Walsh’s gleaming reviews. The restaurant is situated in a quaint old two-story house at 500 Westheimer. Dolce Vita does not serve lunch, opening at five o’clock. They do not accept reservations, but, if one arrives early enough, this is not problematic. I escaped from work an hour early to arrive shortly after 6:00, and my dining companion and I did not experience any difficulty being seated on the second floor.

The menu is organized (to the best of my recollection) into antipasti, which include verdure, carne, pesce; formaggio, pastas, and pizzas.

The verdure antipasti include such offerings as roasted Sicilian cauliflower, sautéed mushrooms with mint and ricotta rosa, and shaved Brussels sprouts with pecorino cheese. My dining companion and I shared orders of the roasted beets with horseradish and walnuts and the celery root with citrus. The soft, earthy beets were cut in large dice and were adorned with walnuts, chives, and what appeared to be a finely grated cheese; I did not detect the pungency of horseradish. The celery root, which I do not believe I had eaten before, was julienned and tossed with citrus juice and olive oil, wedges of supremed orange segments, and parsley. My fellow diner and I had different understandings of what celery root was – I urged that it was the bulbous portion of the celery plant that grew beneath the ground, whereas my company thought it was the stalks at the heart of the celery. “This rather ugly, knobby, brown vegetable is actually the root of a special celery cultivated specifically for its root,” according to Sharon Tyler Herbst’s The New Food Lover’s Companion, (2nd ed. 1995).

We also ordered pumpkin and goat cheese fritto, which consisted of little spheres of pumpkin puree and goat cheese that were covered in a batter and then fried.

Pizzas include the Margherita, with tomato, basil, and mozzarella cheese; the marinara, with tomato, garlic, and oregano; the romana, with cherry tomatoes, mozzarella and anchovies, a pizza with leeks and pancetta with cheese; one with tomato, shaved fennel, and dried fish roe; and a selection of pizzas with assorted salumi,* among others. We went with the Margherita, among the most traditional of pizzas, and the Taleggio, with arugula, pears, and a strong-tasting taleggio cheese. I have made pizza with arugula on it, along with prosciutto, tomatoes, and mozzarella cheese, but I arranged the arugula on the pizza before baking it. The arugula on Dolce Vita’s Taleggio pizza was dressed with olive oil and piled atop the pizza, after baking it in a scorching hot oven. It was as though an entire salad was placed on the pizza bread. The crusts were nice and thin, and the pies were dressed sparingly. In Italy, I understand, pizza is more about the bread, and not so much about the toppings. However, the Margherita was slightly soggy in the center, from a slight excess of sauce and cheese.

I thought $11 to $20 would be a bit steep for personal-sized pizzas, but I figured they would be remarkable. However, these were not personal-sized pizzas. Rather, they were at least a foot in diameter. And they were quite remarkable.

A frequent complaint about Houston area restaurants is that the noise level is too high. Once Dolce Vita began to fill up, the din became deafening. We would have stayed for dessert, but it was impossible to converse due to the noise.

I generally do not order alcohol in restaurants, because the markup is exorbitant. However, my dining companion expressed an interest in sampling an offering from the lengthy wine list. Since wine by the glass is even more unreasonably priced than wine by the bottle, we had no option but to purchase an entire bottle. I suggested a Prosecco, and we selected the Prosecco Carpene Malvolti. We were both quite pleased with it. It also was the most expensive item on the bill, thus contributing considerably to the sizeable dent the meal put in my bank account.

Dolce Vita makes the best pizzas I have eaten in restaurants, in my limited experience dining out. The collection of antipasti was intriguing and creative. The only open for dinner thing and the noise level are the biggest drawbacks, for me.

*Salumi is the Italian word for any cured pork product.

Crowning Accomplishment

2006-05-27T20:17:00.000-07:00

My most notable accomplishment today was shining my shoes – two pairs of them. There are no shoeshines in Conroe. In Harris County, there are guys in the Criminal Justice Center and in the tunnel system who will ask, “Shine ‘em for you?” I always respectfully decline, since I am so frugal.

Polar Opposites

2006-05-23T03:26:00.000-07:00

I can’t decline to eat lunch with my coworkers all the time. I hate being drug to restaurants that cater to Americans who don’t care what they put into their bodies. The Caesar salad at Chili’s may or may not have been the best option for a reluctant diner. At least the greens were romaine, and they were fresh. The salad dressing, I’m certain, was not freshly made, but came from a bottle and was loaded with fat (although Caesar salad dressing usually is high in calories).

Shade, by contrast, did not feature all that I detest in a restaurant. I ordered the curried tuna salad sandwich. The menu stated that the bread was homemade. The server assured me that the tuna was fresh, as was everything else on the menu, she said. Ditto for the Caesar salad dressing. The tuna did not taste like it came from a can that was put there by a man, in a factory downtown. The tuna was cooked beyond rare, as was necessary so that it would flake and mix with the mayonnaise, the quantity of which was not excessive, the minced celery and onion, and the grapes. The curry powder mixed into the tuna was not overbearing. The hearty homemade sandwich bread was lightly pan-toasted The Columbian fair trade coffee, rich, smooth, and low acid, is well worth the two dollars, especially when the server refills your cup four times. I hope Thomas does not resent me dragging him to Shade.

The horror! the horror!

2006-05-23T03:03:00.000-07:00

I did not want to spend nearly three-and-a-half days’ pay on repairing body damage on the Si. I knew the cost to remedy a broken taillight cover and a dent near the fuel door would be higher than I anticipated. But this is even higher than I anticipated! Am I being taken advantage of? Probably, but I don’t have time to shop around for a better estimate. Is the Chevy dealership the first place I would have preferred to take the Si for bodywork? No, but the Honda dealership does not have a body shop, and the Chevy dealership is “approved” by my insurance company and it is close to the office. Is the Chevy dealership the first place I would like to spend nearly three-and-a-half days’ pay? No. Hard to come by, easy go. So much for saving money. If I was going to spend money wantonly, could have purchased a new suit, or a Japanese knife. Instead, I am throwing money away on something for which I do not care to be allocating cash. What a waste! It’s like adding insult to injury. It’s like adding injury to injury!

“Food, Drink, and Shade in The Heights” with Thomas

2006-05-22T04:32:00.000-07:00

Thomas and I had lunch at Shade recently. It was good to see Thomas. I had been afraid that he was avoiding me.

Keepin’ ‘em Out of Jail, or Innocent until Proven Guilty

2006-05-20T04:04:00.000-07:00

The criminal bar has been experiencing a series of successes, lately. The lead lawyer at the firm participated this week in a thirteen-count aggravated sexual assault and one count indecency with a child by sexual assault trial that ended in a hung jury. I would like to believe that the allegations were too fantastic to be true. Another attorney with the law firm won a victory in receiving probation for a client when the State was seeking a state jail sentence. This same attorney also prevailed in an early termination hearing in a distant county where the State was opposed to terminating probation.

I hope the Enron Jury hammers Lay and Skilling, though.

A Good Deal at Starbucks

2006-05-19T04:35:00.000-07:00

I actually feel like I got my money’s worth at Starbucks, for once. Although Starbucks offers a quality product, I don’t typically buy their overpriced beverages. However, when I am traveling on the interstate and spending two dollars on a cup of coffee is necessary to prevent me from nodding off to sleep and driving off the road, I will splurge on an ice coffee or an Americano. I am partial to the coffee beverages that do not consist of flavored syrups. Yesterday, I inquired of the friendly barista as to what was in the mocha. As I suspected, it contained syrup. When a free sample was offered to me, though, I did not decline it. I was surprised when the sample of the mocha arrived in a cup that was not much smaller than the smallest-size cup that I had ordered, a tall, or large, or whatever they call it, other than “small.” Thus, I left Starbucks feeling as though I did not receive a bad deal for my $1.90. I was also able to stay awake during the last 30 miles back to the office.

Look What I Did at School!

2006-05-14T08:37:00.000-07:00

I am so pleased with myself! As is often the case, I was the last to know that I had been selected to go to Harris County at 8:00 a.m. on Tuesday to move for a continuance of a trial setting. Due to the late notice, I was not equipped with an actual Motion for Continuance to file; I hoped the court would allow me merely to reset the trial. The court required that a Motion for Continuance be filed. Thus, on construction paper and in crayon, I handwrote a very official-looking Motion for Continuance. Well, it was not actually written in crayon, and I did not use construction paper. But it was handwritten, and it did sound very official, despite its appearance. The judge granted and signed my scrawled Motion for Continuance.

An Unconventional Happy Mother’s Day

2006-05-14T03:08:00.000-07:00

Sales of handsaws are up one unit this Mother’s Day. How many mothers, in addition to mine, do you suppose will be recipients of handsaws today? My mom enjoys working in the yard, and she remarked that she needed a new saw for cutting branches. What better time to deliver that new saw than Mother’s Day?

My stomach is full of raw fish.

2006-05-13T12:15:00.000-07:00

My brother, sister, and I went to Kyoto Japanese Restaurant to celebrate my brother's birthday. They tend not to exercise any restraint when ordering sushi and sashimi, so we had five entrees to share among three people.

The Best Way to Win on Appeal...

2006-05-08T19:44:00.000-07:00

Is to win at trial. The best way to win at trial is not to commit the crime.

We were appointed to represent an indigent criminal defendant, who is serving a life sentence, in filing his motion for forensic DNA testing. I thought I wrote a strong brief. However, the facts were not on our side, and the court of appeals ruled against our client.

Irrational Fear

2006-05-07T06:09:00.000-07:00

Curbs scare me. I am convinced that they are out to get the tires and wheels on the Si.

Insulting and Inadequate Gas Rebate

2006-05-04T03:14:00.000-07:00

A $100 gas rebate: there is a token gesture. Instead of taking any measures to avert or solve an energy crisis, our Capitol Hill spokespersons for business interests think they can appease voters by giving us a tax break that amounts to less than what many of us spend on gasoline in a month. Ultimately, this proposition was rejected by the House as “insulting and inadequate.” I think the House is insulting and inadequate.

Tea Tax

2006-05-03T02:56:00.000-07:00

Every time I go to Serenitea, I feel like I get a bad deal. They don’t tare the bags, and I noticed that they charge tax. Wasn’t there a little uprising back in 1773 over taxing tea?

Reset King

2006-04-29T02:56:00.000-07:00

When a criminal defendant has a court appearance, such as an arraignment, pretrial, or docket call, and the case is not disposed of at that setting, the alleged offender obtains a “reset.” This is simply another date on which to appear in court, i.e., the case is reset to a future date. The first, second and even third resets are generally granted without much reluctance by the court. One is entitled to a reset after the first appearance, the arraignment, because at that time, the accused person’s identity is confirmed, he or she is informed of the charges, and a plea is entered (not guilty). At subsequent pretrial settings, the defendant’s attorney and the assistant district attorneys may negotiate the plea offer further. Repeated resets might be necessary if the client or attorney is not ready to conclude the matter. If the client has received too many pretrial resets, however, it may become necessary to seek judge’s approval.

Resets are generally simple to obtain, and for the most part take up time that could be better spent on more important tasks. That is why it frequently falls upon me, the most junior attorney, to go to court to reset clients. Lloyd, the deputy in County Court Number Four, becomes irritated when a large number of defendants are reset, because that means they will be back in his court on another day. Lloyd has dubbed me the Reset King. He jests that I need to stop resetting defendants and start pleaing some people.

I live up to my moniker as the Reset King. Not only do I frequently obtain resets in the Montgomery County Courts at Law, but also I drive hundreds of miles out of county merely to obtain resets. Twice I have even finagled resets when the judge would not have approved it. After the client and I had departed the courtrooms, the judges became upset that we were granted the resets, I later learned. It’s an unglamorous job, but somebody has to do it.

Frat Boy in Chief

2006-04-24T20:24:00.000-07:00

President Bush reminds me of a frat boy. The only people who take fraternity members seriously are the other members of the Greek orgs. The only people who take President Bush seriously are his supporters and members of the Republican Party.

Out of County

2006-04-22T04:00:00.000-07:00

I’ve never been to Brazoria County before – before this week. Tuesday’s drive to Angelina County marked a first for me, also. I put over 500 miles on the car this week, traveling for various counties four out of five days. Going out of county for court settings is fine with me, as it is nice to have a respite from the craziness at the office. If one is not traveling south on I-45 into Houston, the drives are actually quite nice. My employer is good about reimbursing me for mileage, also.

Probation Is Hard for Non-Law Abiding Citizens

2006-04-18T03:24:00.000-07:00

When the punishment of probation is imposed, the offender is usually sentenced to jail or TDC, but the sentence is suspended, and the defendant is placed on community supervision probation, for a year to eighteen months for a misdemeanor, or for perhaps five to ten years for a felony. If the defendant is unsuccessful in completing probation, the original sentence of confinement in jail or prison is imposed. Probationers are subject to a number of conditions. First, the defendant must not violate any other laws of the State of Texas. The use of drugs and alcohol is prohibited. This is enforced by random drug tests. Probationers are required to pay monthly community supervision fees of $60. They also must report to their probation officer monthly. Community service is a frequent punishment.

These are but a few of the conditions, but they seem to be the most difficult by which to abide. When you are on probation, and must submit to monthly tests for drugs or alcohol, don’t use drugs or alcohol. Don’t drink and drive while on probation. If you have been convicted of your second or third DWI, I think it is a safe bet you have a drinking problem. How difficult is it to meet with your community supervision officer once a month? Paying $60 a month and performing at least 16 hours of community service a month may seem onerous, but, if it will keep one out of jail or prison, it seems quite manageable. When you fail to comply with the conditions of your probation, don’t be surprised, dismayed, angered, or frantic when the State moves to revoke your probation and put you away for a while.

There’s Always Next Year

2006-04-17T03:10:00.000-07:00

Another weekend goes by that I do not shine my shoes or vacuum the floor, as I have intended to do for a number of weekends now. I have some poppy seeds that I have been meaning to plant, but I think it has become a bit late to put them in the ground. Poppies do not fare well in warmer weather. I actually meant to plant them last spring, as they were packaged for 2005. I suppose I can sow them late this year or in early 2007, and see what sprouts. At this rate, I will also be putting off vacuuming the floor and shining my shoes until next year.

Throw Enough Money at It…

2006-04-16T04:02:00.000-07:00

Despite providing the Columbian government with more than $4 billion since 2000 to combat drugs, Colombia’s coca crop expanded by nearly 21 percent last year, according to the Office of National Drug Control Policy. The White House’s explanation: rather than an increase in the crop’s size, the higher numbers may reflect a more thorough job of surveying the Colombian countryside. Interestingly, the numbers seem to be more reliable when they are favorable for the anti-drug efforts, the Houston Chronicle reports. When the CIA survey showed a decline in coca production in 2002, White House drug czar John Walters interpreted the figures as evidencing the success of the drug war: “These figures capture the dramatic improvement.... Our anti-drug efforts in Colombia are now paying off.” I’ve not been in the market for cocaine, but the continued ready availability of the narcotic on the streets also suggests that eradication efforts are failing. Even if the strategy has no chance of being successful, with enough perseverance and taxpayers’ money, any plan can work.

I Must Be Dreaming!

2006-04-15T04:49:00.000-07:00

This is the first three-day weekend I have had since New Year’s! I have been in great need of an extra day off from work. Now I can do over three days what I normally must try to accomplish in two days. Maybe there will even be time for some relaxing. It felt weird not being at work yesterday. I kept expecting someone from the office to call to ask where I was.

Easter Is a Celebration of Spring

2006-04-13T18:04:00.000-07:00

What says “spring” like green bean casserole? It’s not a holiday meal if there is not a green bean casserole on the table! I recently inquired of a family member as to suggestions or requests for Easter dinner. He stated a preference for a spiral sliced ham. I was hoping for something different this year, perhaps a meal featuring lamb. In the same sentence, he uttered the words “green bean casserole.”

I associate green bean casserole with Thanksgiving, although I avoid the concoction consisting of Campbell’s soup, fried onions from a can, and canned green beans. Fare I associate with Easter includes produce that is coming into season during the spring, such as asparagus and greens, or ham or lamb. Processed foods don’t seem to fit. I suppose there will be a green bean casserole on the table this weekend, but a serving of it will not make it onto my plate.

I did not vote in the primaries…

2006-04-12T17:16:00.000-07:00

But I did sign Kinky Friedman’s petition. Houston Chronicle columnist Rick Casey has referred to Friedman’s efforts as a “tired collection of old one-liners [Friedman] calls a campaign.” I tend to agree, as Kinky seems to spew a series of sound bites. Nonetheless, I much prefer Kinky to the politicians who are running for Texas governor.

Fair Weather Follower

2006-04-11T04:39:00.000-07:00

I would characterize myself as agnostic, or even atheistic. Although Easter is a religious holiday, I celebrate it as a day that announces spring. However, I do want all the benefits of the Christian holidays. That is, I will be very disappointed if I don’t have Good Friday off this week. Why stop at Christian days of religious observance? I should start taking off days that hold significance in the Jewish and Islamic religions, also!

Count Chocula

2006-04-08T20:08:00.000-07:00

My sister requested that I purchase from the grocery store a box of “Count Chocula” cereal. I had heard of Count Chocula, probably from the adverts back in the day when I watched Saturday morning cartoons.

I could not spot Count Chocula after several trips up and down the cereal aisle. Why is it necessary that there be thirty-six hundred different brands of cold cereal? The generic store brands with slightly different names placed right next to the national brands only complicate efforts to select a product. I called my sister and asked her if she knew where I could locate the insipid, sugarcoated, artificially flavored, preservative laden junk food. Following a six-minute telephone conversation during which she attempted to assist me in spotting the requested item, there was still no Count Chocula in the shopping cart. When I sought the assistance of a grocery store employee in accomplishing my mission, he responded, “Do they still make that stuff?”

Count Chocula does not appear to be among the products General Mills offers anymore. My sister had to settle for Chocolate Lucky Charms and a box of some artificial peanut butter flavored cereal.

Give me your tired, your poor, Your huddled masses

2006-04-06T03:22:00.000-07:00

I don’t understand why there must be a debate about immigration. Why should it not be easier for willing laborers who do not have criminal backgrounds or who do not harbor animosity towards the United States to enter the country, and eventually attain citizenship? Punitive proposed immigration laws must be motivated by racism. I am sympathetic to Mexican immigrants. The migrants from our southern neighbor generally come here to work, not to live off the system or to fly airplanes into buildings.

Some people – those with economics degrees – say that the costs of illegal immigration do not have a significant positive or negative economic impact. Although immigrants pay taxes, their incomes are not substantial and they do not consume much, thus limiting the tax revenue they generate. They do use some services at taxpayer expense, but I have read that they are not as inclined to seek medical attention as are legal residents, thus not taking advantage of our healthcare system to the extent that is alleged.

Making it a felony to enter this country illegally is asinine. The courts are backlogged with criminal cases as it is. (In addition, our office already has an unmanageable number of clients.) Clogging the courts’ dockets with people accused of attempting to immigrate illegally is an incredibly bad idea. The people who cross the borders for a better life are not deterred by the current penalties, and it is unlikely that more severe criminal charges would affect their perseverance.

Immigrants should be allowed entry into the country. If they hold jobs, pay a series of fines, become current on taxes, undergo background checks, learn English, work for ten or so years, and apply for a permanent visa or citizenship, why not grant them citizenship?

Am I Dense?

2006-04-04T19:35:00.000-07:00

A young lady attorney asked me today in court the procedure for approaching the judge for a reset. She wanted to know whether one had to wait for the client’s name to be called. I informed her that she could just wait until there was no one before the judge, at which time she could horn her way in. Shortly afterwards, another attorney pulled me aside and said, “Dude, that blonde is hitting on you!” I had not perceived that she was “hitting on” me. I just thought she was new to County Court One and was unfamiliar with how court was conducted. Of course, that might also be the reason why I am still single.

Do You Know Where Your Money Is Going?

2006-04-04T03:11:00.000-07:00

Our IT guy frequents strip joints, or, in euphemistic terms, gentlemen’s clubs. An attorney from another law firm recently asked the aforementioned IT guy to scan a document into the computer as a PDF file. As compensation, the attorney handed the IT guy a $20 bill. The IT guy advised, “You know that is going straight to a dancer?”

Shenandoah Municipal

2006-04-04T03:04:00.000-07:00

Having to appear in Shenandoah Municipal Court at 7:00 p.m. is punishment enough for violating the Texas traffic laws in the City of Shenandoah, Texas.

Who Stole My Hour?

2006-04-03T02:47:00.000-07:00

I’m slightly irritated because I lost an hour. At least I will get off work an hour earlier. Sort of. Not really.

Making It Difficult for the Criminal Bar

2006-04-01T17:36:00.000-08:00

I can only conclude that district attorneys want to make it as difficult as possible for their adversaries. For what other reason would they require that criminal defense attorneys copy by hand the offense reports, rather than providing a photocopy or an additional printed copy of the arresting officers’ accounts of the events surrounding the confrontation between citizen and law enforcement personnel? Most DA’s have an “open file” policy; that is, defense attorneys are allowed limited access to the DA file on a defendant (save for the little manila folder labeled “confidential.”) However, photocopying, or even photographing, is forbidden. I can understand that requiring the DA’s clerks* to photocopy offense reports for every offender’s attorney who wanted a report would consume a tremendous amount of person-hours. However, there are often multiple copies of every document in the DA file! Thus, making a copy of the offense report available to the defenders of the Constitution is not implausible. If the arresting officer would print just one additional copy of his or her grammatical error-ridden narrative, the alleged offender’s attorney could be provided with the chronicle of events surrounding the purported offense.

Five hundred open cases, four attorneys – I am beginning to feel the pressure.

* As an aside, a tobacco addiction and an unpleasant disposition are prerequisites to holding a position as a clerk for the District Attorney’s office.

ΦΘΩΖΔΓΣΠ

2006-03-28T19:18:00.000-08:00

My boss was in a fraternity during college. He likes using Greek org. analogies. Rush is over for me. Now the hazing begins.

In Other Words, You’re a Finicky Eater

2006-03-28T03:11:00.000-08:00

How can one categorically dislike a particular cuisine? I can understand not liking a particular dish, but having an aversion to Thai food, Indian food, or Spanish food altogether seems a bit unreasonable. Usually, there is enough variation within the cooking of a particular nationality that some would argue that there is no such thing as “Italian” food, or “Indian” food. I think this is just an excuse for being an unadventurous diner or for being close-minded.

Texas 1015’s

2006-03-27T02:57:00.000-08:00

Texas 1015’s, the super-sweet onions developed by Texas A&M University, are beginning to appear in stores! I bought about four-and-a-half pounds of them. Onions form the base of much of what I cook. A good number of recipes begin with sautéing chopped onion. Interestingly, according to Suvir Saran’s Indian Home Cooking, Hindu Brahmans’ and Jains’ religions proscribe the consumption of onions. This is not to say that onions do not figure prominently into most Indian cooking.

If You Want My Taxes, Send Me a Bill

2006-03-23T03:02:00.000-08:00

Don’t make me do the work of calculating how much of my money you are going to take. If the government is going to make people pay taxes, it could at least spare us the time and stress of determining how much we owe. Then, instead of the government auditing us, we could review the government’s work to ascertain whether its numbers are correct.

The Annals of Criminal Law Are Rife with Cases with Significant Problems

2006-03-22T03:28:00.000-08:00

U.S. District Judge Leonie M. Brinkema said of prosecutorial misconduct in the Zacarias Moussaoui trial, “I don’t think in the annals of criminal law there has ever been a case with this many significant problems.” That seems like a significant overstatement, to me. Powell v. Alabama comes to mind as an example of a monumental failure of the judicial system.

In Powell v. Alabama, 287 U.S. 45 (U.S. 1932), seven black youths were accused of raping two white women aboard a train in Alabama. The defendants were not afforded an opportunity to retain counsel and no counsel was appointed until the day of trial. The trial judge invited members of the bar to come forward to represent the defendants, and the appearance by the two attorneys who did participate, who were unable to prepare or conduct an investigation, was “rather pro forma than zealous and active.” The defendants pleaded not guilty, but they were ultimately found guilty and sentenced to death. The Alabama Supreme Court affirmed the convictions.

The United States Supreme Court addressed the novel question of whether, in a capital trial, a defendant is denied due process of law when he or she is not afforded the aid of counsel from the time of arraignment until the beginning of trial. The Supreme Court, of course, resolved the case in favor of the uneducated, illiterate youths, against whom public sentiment had been aroused, and who were cut off from communication with their families. “A defendant, charged with a serious crime, must not be stripped of his [or her] right to have sufficient time to advise with counsel and prepare his [or her] defense.” The highest court in the land determined that the necessity of counsel was so vital and imperative that the failure of the trial court to make an effective appointment of counsel was a denial of due process within the meaning of the Fourteenth Amendment.

The alleged victims later recanted.

Most of the Supreme Court cases construing the Fourth, Fifth, Sixth, and Fourteenth Amendments have come about because of failures in the criminal justice system. I doubt that the Zacarias Moussaoui trial is any more exceptional than are some of the other cases in the annals of criminal law.

County Jail Is Not a Desirable Place to Hang Out

2006-03-21T03:18:00.000-08:00

I do not like visiting Montgomery County Jail. I had to go there three times in two days last week. I particularly dislike being sent to the jail ten minutes before I thought I was about to go home for the day. When I go to the jail, though, at least I am able to leave.

Time Spent

2006-03-18T18:32:00.000-08:00

At the office, whenever we have any interaction with a client, or do anything that relates to a client’s case, we make an entry in “time spent.” For example, if we take a telephone call from a client, make a court appearance for a client, or conduct research on a client’s case, we make note of it in the client’s file in Amicus, the “law office on computer.” Keeping track of work performed on a client’s matter is not done for the purpose of billing, since we do not bill by the hour. Rather, maintaining copious notes allows us to know the status of a client’s case. If one of us talks to a client, or makes a court appearance with a client, the other attorneys can know what has been done and what needs to be done. It also serves to protect us, in the event that a client alleges that we have not been diligent in our representation of him or her. “Time spent” will reflect that we have been in contact with the client and that we have been working on the client’s case.

I have become so accustomed to making entries in “time spent” that, when I conclude a personal conversation with a friend or a family member, I begin to contemplate the record I will make in Amicus.

St. Patrick’s Day

2006-03-17T03:02:00.000-08:00

I’ve nothing green to wear for St. Patrick’s Day. I do get paid today, so there will be some green associated with this March 17th.

Is fearr focal sa chúirt nápunt sa sparán.

Juvee

2006-03-16T17:27:00.000-08:00

I think that if a judge decides that he or she is going to keep a juvenile in detention, and if the assistant county attorney recommends detention, there is nothing the juvenile’s attorney can say to obtain the juvenile’s release from detention. In the few juvenile detention hearings in which I have participated, I have been unsuccessful in springing the kids from detention. I think the kids do it to themselves, though.

When I was in school, kids who misbehaved received ISS (in school suspension). Now, offenses such as fighting or stealing will land a kid in juvenile detention. It must be heartbreaking for parents to see their children clad in day-glo orange jumpsuits and restrained in handcuffs and shackles.

Damned Girl Scouts and Their Cookies

2006-03-15T03:31:00.000-08:00

Instead of peddling cookies and contributing to the epidemic of obesity in America, the Girl Scouts should be selling exquisite fruits, such as Harry & David offers, or conducting aerobics or yoga classes – something to promote healthy lifestyles, perhaps.

As I was preparing to go to the grocery store, my sister requested that I buy Girl Scout cookies. She specified the variety with peanut butter on the inside and chocolate on the outside. She also stated that I should buy copious quantities of Girl Scout cookies. She had already consumed several boxes of the little pixies’ pastries this season, but I knew I had better not return home without the demanded sweets.

I do not remember the last time I ate a Girl Scout cookie, but I remember the last time I shelled out my cash to satisfy my sister’s Girl Scout cookie fix.

Japanese Taxis

2006-03-14T02:58:00.000-08:00

I had a conversation last weekend with a lady from Japan who owns a tea boutique. I learned that, in Japan, when one calls from a drinking establishment for a taxicab, the cab arrives with two drivers. One of the cab drivers operates the car in which the fare rides, and the other driver operates the patron’s car, following along to the fare’s destination. This reduces the incidence of driving while intoxicated, as imbibers are not faced with the inconvenience of abandoning their cars for which they must later return. I also understand that the cost for a taxi in Japan is considerably higher than elsewhere. I am not certain that I have all the facts correct, but this seems like a good idea. I don’t know what effect this would have on people’s decision not to get behind the wheel after having a few too many drinks. It may be attributable to my practice area, but I have the impression that driving while intoxicated is a common occurrence.

I Like Indian Food, but Buffets…

2006-03-12T04:54:00.000-08:00

I do not like buffets. Getting my money’s worth aside, I always feel compelled to try just a little bit of everything. When there are so many offerings, though, a little bit of everything turns into a lot.

I had lunch with a friend yesterday at Khyber.¹ To my recollection, this was only my second Indian dining experience. I had lunch with my sister at Sitar a few weekends ago. A fellow student in law school mentioned Khyber when he remarked that he could not live outside the loop because he had to have his ethnic food.² I did not find that Khyber, an inner-loop restaurant, was superior to Sitar, an establishment situated where dragons reign. Sitar, way outside the loop, compared favorably to Khyber. I am hardly sufficiently well versed in Indian cuisine to begin critiquing the dishes I sampled; I cannot even remember the names of the dishes. Save for the beef meatballs, the meat – chicken and lamb – were tender and juicy enough. The dal was not splendid; the lentils and kidney beans could have been softer (kidney beans in dal?). The potatoes and “fresh” green peas were not spectacular, but, by then, I had consumed more than my fill. I was not overly fond of the yogurt and mint condiment sauces, but I did enjoy the little bit of the turmeric sauce I tried. The vegetable curry, with champignon de Paris, carrots, and bell peppers, was palatable, with a pleasing sauce. I preferred the saag paneer at Sitar. Khyber's rice pudding with almonds and coconut in it was the best rice pudding my dining companion recalled. None of the food was too piquant. When tomatoes are not in season, don’t offer a tomato and cucumber salad. Sitar cost about a third less than the Kirby-area Khyber. Despite the Chronicle’s appraisal of Khyber’s owner as doting, I found the wait staff at Sitar to be friendlier. They also shut of the A/C at three o’clock, and stopped refilling the water long before that. I would save the time and gas, and visit Sitar to satisfy my ethnic fix.

¹Neither of these restaurants has a website.
²The 610 loop is a highway that encircles Houston. I live outside the loop. I even live outside the beltway, which is beyond the loop. Some people think the world ends and dragons roam beyond the loop. Admittedly, there is a dearth of ethnic food, or good dining, for that matter, outside the loop.

Bad Analogy

2006-03-11T04:51:00.000-08:00

Recently, I was conversing with someone about the Texas primary elections. I abstained from voting, because I did not want to disqualify myself from lending my signature to Kinky Friedman’s petition to be on the ballot for governor as an independent. I mentioned some of Kinky’s positions, which are generally humorous. One of these was his opinion regarding same-sex marriage. Kinky supports gay marriage and equal rights for homosexuals, and says, “they have a right to be as miserable as the rest of us.” Apparently, the person with whom I was holding this conversation was one of the close-minded people who is opposed to gay marriage. In support of her position that it is “unnatural,” for people of the same gender to have an intimate relationship, she put forth that giraffes and zebras don’t couple. I did not pursue the matter further, as it is not worth having a discussion with someone who uses such illogic to rationalize his or her biases. Efforts to enlighten her would have been pointless.

Appellate Brief Be Gone

2006-03-11T03:10:00.000-08:00

Glad am I to have that appellate brief in the mail to the 9th District Court of Appeals. It had dominated my work-life for the last month. I had grown tired of looking at the thing.

We actually represented the appellee, as opposed to the appellant. It was the State that was appealing. We had been appointed to represent an indigent inmate on a Motion for Forensic DNA Testing. These motions are rarely granted, because the convicted person must show that there was untested DNA evidence or DNA evidence that was tested, but that more probative results could be obtained through retesting with newer technology. The convicted person must also show that the test results would be exculpatory and that there is a 51% chance that he or she would not have been convicted had the test results been available at trial. Our position was that current DNA testing methods have advanced considerably since 1997. I obtained affidavits from forensic scientists to that effect. We also contended that there was untested evidence, which there was. I also made an equity argument, urging that the reviewing court should afford some deference to the trial court when such a motion is granted, despite the de novo standard of review applied to these appeals, which are generally appeals from a trial court’s denial of the motion.

I do not know why the Montgomery County District Attorney’s Office appealed the trial court’s grant of the motion. All that the order allowed was testing of the few items in the possession of the State. It does not open the jailhouse doors. The client is currently serving a life sentence. He was excluded by DNA tests conducted in 1997, that is, none of his DNA was detected. If DNA testing is performed, no one loses. The client could be excluded, again, in which case he would continue serving his sentence. A DNA component from the client could be identified, as a result of improved testing methods, in which case he would continue serving his sentence. A third scenario would be that a DNA component from a third individual would be detected, as a result of improved testing methods, which would tend to exculpate the client. In this event, a wrongfully convicted person would be exonerated, and the authorities could begin the search for the “real” killer, who may still be free.

Given the recent incidences of convicted persons being exonerated by DNA evidence, what reason is there to balk at testing and retesting?

Walk, Don't Stand

2006-03-09T16:34:00.000-08:00

People who stand on escalators, as opposed to walk, annoy me. I hate to become stuck behind someone who does not speed along the ascent or descent on an escalator. Just because the ground beneath your feet is doing part of the work, you need not abdicate all the effort of moving yourself along.

In Excess

2006-03-09T03:11:00.000-08:00

I was considering spending less money on alcohol. It was adding up. My mom mentioned an adverse health effect of alcohol consumption about which she recently heard and that prompted me to explore further (but not further than the Internet).

I knew that excessive alcohol consumption could cause Cirrhosis of the liver. My mom, though, some eye-opening depictions of how alcohol consumption shrinks the liver. Apparently, alcohol causes the liver first to enlarge and become fatty, and then to shrink. Additionally, alcohol shrinks the brain, according to some sources. The Sociology Department, State University of New York, Potsdam, Alcohol Problems & Solutions website, on the other hand, seems to suggest that alcohol is good medicine.

I suppose the key is to consume in moderation. Does even one drink, though, have the deleterious effects that these sources suggest, so that, over time, even drinking in moderation will diminish the ability of the brain and the liver to function?