CoffeeSpoons

2009-10-23T10:54:00.000-07:00

THE FOXY LIBRARIAN AND OTHER APPELLATIONS

It seems that whenever I am regularly around a group of people I don't know, I find myself giving secret nicknames to many of the other people. The sobriquets usually result because of some observed physical characteristic or mannerism, or because the person involved reminds me of someone else. For instance, several years ago I attended a week of depositions for a case in Cincinnati. There were ten other attorneys at the depositions that week, all of whom were previously unknown to me.

As the week wore on, and without consciously thinking about it, I found that I had given secret monikers to a number of the other attorneys. The nicknames included Mick Jagger, Danny Partridge, The Senator, The Blonde Goddess, Gene Hackman and Nerdly. You can guess why I gave each person his or her handle, and you would probably be right.

Of course, when I do this nicknaming, I do not tell the subjects. I keep the pseudonyms to myself, and they usually dissolve if I later develop a friendship or other relationship with the person. I guess it's because the people become more genuine to me at that point. Once you know a person, you can no longer view him or her as a physical characteristic or mannerism observed upon first impression.

The nickname phenomenon also occurred when I began working out at a now-defunct gym called The Fitness Zone. It seems likely to happen in the gym setting, because there you may see the same people working out every day without speaking to them or in any way getting to know them--at least for a while. Some of the characters at the Fitness Zone were secretly dubbed by me as: The Linebacker, Flounder, The Countess, Bonnie & Clyde, The Foxy Librarian, and J.C. ("J.C." was so named because he looked a lot like Jesus Christ.) In time, a number of these people became my friends. I got particularly close to the couple that I had previously called Bonnie & Clyde. I never told them about their secret handles.

I bring all this up because I have now noticed the nickname phenomenon happening again, as I work out at the YMCA in New Albany. I've been hitting it six or seven days per week for the last several months, and so I have been seeing a number of unknown regulars on a consistent basis. Once again, I have found myself unwittingly dubbing them in my usual fashion. Some of my current workout companions have now secretly become known to me as The Thoroughbred, The Princess, The Sociology Professor, The Coach and The Novelist.

I wonder if any of these unsuspecting people have ever given me a secret moniker. If so, I wonder what it could be. The Lawyer? Gee, I hope not. I certainly hope that I don't look like the prototypical lawyer; that would be a devastating insult, far worse than Nerdly or Flounder. If I could give a nickname to myself, it would probably be The Warrior or The Greek God. But maybe I'm known as Gramps or Old Baldy. I'll never know.

Just this morning, The Sociology Professor was working out on a cardio machine a few feet away from me. It occurred to me to ask him how his lectures have been going this semester, but then I thought better of it. After all, he and I have never spoken, and he may actually be an accountant or a rodeo clown for all I know. But he sure looks like a sociology professor to me.

I suspect that, in time, I will get to know some of my new workout companions by their real names. When I do, their unannounced labels will recede to the largely unused corners of my mind, where they will continue to evoke a smile of amusement for me from time to time.

2009-09-23T14:06:00.000-07:00

CONTROL OF THE PALATE

During a recent visit to a high school in Arlington, Virginia, President Obama was asked to name the one person, living or dead, with whom he would choose to dine if given the opportunity. He quickly responded by naming Mahatma Gandhi, the renowned spiritual and political leader of India who was assassinated in 1948. Obama noted that the meal would probably be a small one, as Gandhi was known not to eat very much.

This comment by the president intrigued me, and caused me to look further into the dietary philosophy of Gandhi. A strict vegetarian, he was initially trained as a barrister in London. (The great ones are always lawyers, aren't they?) In later years, he wrote about the importance of establishing complete "control of the palate." Gandhi advocated the idea of having a common kitchen "with acceptable food of which we may take only a limited quantity with contented and thankful mind."

In Yeravda Mandir, Gandhi made the following observations about dietary self-discipline and overcoming the natural tendency toward overeating:

--"We must not be thinking of food all the twenty-four hours of the day...We must resolutely set our faces against mere indulgence."

--"Most of us, instead of keeping the organs of sense under control, become their slaves...The body is injured every time that one overeats, and the injury can be partially repaired only by fasting."

--"Food has to be taken as we take medicine, that is, without thinking whether it is palatable or otherwise, and only in quantities limited to the needs of the body."

--"Parents, out of false affection, give their children a variety of foods, ruin their constitution, and create in them artificial tastes. When they grow up, they have diseased bodies and perverted tastes. The evil consequences of this early indulgence dog us at every step; we waste much money and fall an easy prey to the medicine man."

--"We have to give up many things that we have been enjoying, as they are not needed for nutrition. And one who thus gives up a multitude of eatables will acquire self-control in the natural course of things."

Thought-provoking ideas, aren't they? Gandhi penned these words about overindulgence almost eighty years ago. Imagine what he would have to say about the portions that are routinely served in our culture today, not to mention the availability of unhealthy fast food. If we believe that our bodies are temples, or if we just want to keep them healthy for as long as possible, we would be wise to remember Gandhi's advice. Like him, we should strive for control of the palate.

2009-09-16T07:07:00.000-07:00

THE BLUE BELLIES, FRESH BLACKTOP AND OTHER RUMINATIONS

*I am hoping for the best, but preparing for the worst, as the Cards are getting ready to play the hated Blue Bellies in Lexington this Saturday. It could be ugly, but I'm wishing for the upset. The outcome of this game could go a long way in determining the ultimate fate of Stevie Krags as the Louisville coach.

*The new pavement in front of my office on Pearl Street has reminded me of when I was a child, and they blacktopped Borden Road where I lived. How I loved riding my bike on it, gliding on the smooth new surface for hours and hours.

*Having an early morning workout sets a great tone for the rest of the day.

*Is it just me, or does the Ohio River appear to be clearer and more blue than it used to?

*It is never appropriate or acceptable to heckle the president of the United States, no matter how much we may disagree with his or her views.

*I agree with President Obama that Kanye West is a jackass.

*I know that many people in America have been put into financial ruin by health care costs. The cost of health care in our country is obscene, and I think that something needs to be done about it. At the same time, I am uncomfortable with the idea of creating a huge new federal bureaucracy to deal with the issue. I'm not sure what the answer is, but I would like to see the debate conducted with more civility.

*I still don't know whether Certs is really a candy or a breath mint.

2009-07-30T13:54:00.000-07:00

THE PIGSKIN COMETH

It should come as no surprise to regular CoffeeSpoons readers to learn that I am beginning to get very eager for the upcoming football season to begin. It happens about this time every year. No matter how much I'm enjoying baseball, hiking or any other pastime, there's a certain void in my sports life that can only be filled when I see the oblong-shaped ball teed up and the helmets start clashing. I'm hungry for it. I long for it. I want it.

I love both college and pro football. Once the season begins, I will start performing daily checks of the "Sports on the Air" segment of The Courier-Journal to see what games are going to be televised locally. I always wonder why they don't show the Canadian Football League anymore. When I was a kid the CFL was on every week during its season, and I enjoyed watching it very much. The CFL season is in full swing right now, and watching it would be the perfect appetizer to whet my appetite for the American season. The league is filled with former American college players such as U of L great Stefan LeFors, whom I would love to watch play.

My greatest football passion is for the Louisville Cardinals. I've been attending their home games for nearly forty years. (Not all of them, of course, but as many as I can.) After achieving astounding success just three years ago, the Cards have now stumbled upon hard times. I truly believe that the hard times will be no more than a temporary glitch. Despite gloomy forecasts for the upcoming season, I find myself getting pumped about the Cards again this year. There is a lot of talent there. I'm hoping that the current coaching staff will be able to prove the naysayers wrong. If not, there may be a new coaching staff in place next year.

In addition to Louisville, I'll be attending home games at Navy and Illinois this year. Both are outstanding college football venues, and I'm psyched to be able to cheer on both the Midshipmen and the Illini in person. I also think it would be fun to travel to Western Kentucky to see a game in their new stadium. I plan to do that at some point.

In the NFL, my first allegiance is to the Cincinnati Bengals. I've also become a fan of the Indianapolis Colts. I currently use much of my spare time devouring information from the web sites of both teams, studying their rosters, depth charts and schedules for the coming season. I suspect that I must have been a football coach in another life.

The Louisville Cardinals begin play at Papa John's Cardinal Stadium on Saturday, September 5th. The NFL regular season kicks off on September 10th. I'm licking my chops, looking forward to those days with eager anticipation.

2009-07-24T17:23:00.000-07:00

SHOE ON THE OTHER FOOT

It was very strange today to find myself sitting in the witness chair, testifying. I have, of course, been in the courtroom on many occasions over the last 23 years. I've always been there as an advocate, questioning witnesses or arguing points of law. Today, however, was different. Today I was called to testify on behalf of a very good friend who is going through a major custody battle. I was called as a fact and character witness to testify as to my opinions and observations about my friend's parenting abilities.

I was happy to do this. I am very familiar with the situation, and was glad to be able to express my views and opinions. It so happens that my friend is a wonderful father, as I have observed many times over, and I told the judge that without reservation. Still, the experience gave me a new perspective. I was anxious and cautious to make sure that I was honest and thorough in my testimony. I wanted to make sure that everything I said was right. I hope that all witnesses sworn under oath feel that same weight of responsibility. The experience gave me a new appreciation for what witnesses go through.

I know that some witnesses lie under oath. I would be naive to suggest otherwise. But I truly believe that most people are honest, and that it means something to the majority of people if they raise their hand and swear to tell the truth in a court of law. At least I hope so.

I will remember this experience, with a greater degree of empathy, the next time I am the one conducting the examination. We are never too old to learn something new.

2009-07-23T10:14:00.000-07:00

NCAA CHAMPION SPOTTED IN NEW ALBANY

This week I've been seeing former University of Louisville Cardinal basketball great Wiley Brown at the YMCA in New Albany. Brown, who is now the head basketball coach at I.U. Southeast, has apparently been conducting a youth basketball clinic there all week. He was a starter on U of L's 1980 national championship team.

I obtained my law degree from U of L, after getting my undergraduate degree at I.U. Southeast. Wiley Brown's involvement at both universities is, for me, a neat confluence of people and places. I must get out to watch the Grenadiers play some games this year.

2009-07-15T13:52:00.000-07:00

THOUGHTS AND OBSERVATIONS

Hello again, friends. I'm sorry not to have blogged in a while, but it has been an exceptionally busy summer for me. In addition to my litigation calendar, my daughter Tristan became Mrs. Mickey McGill on the Fourth of July, pursuant to an elaborate and lovely wedding and reception. The happy couple recently returned from their honeymoon cruise, and are now residing at their home in Indianapolis.

Tonight, weather permitting, will be the opening performance of Hamlet by The Globe Players at Louisville's Central Park. My son Collin plays the role of Polonius, and I can hardly wait to see it. Collin is the only student selected from an Indiana high school to participate. I know that it is going to be a great show.

I have many things on my mind but, for now, I just want to share with you some random thoughts and observations that I've had lately. I present them in no particular order:

*A good, sound sleep is one of the more enjoyable things in life. The older I get, the more I appreciate this.

*Too much beer makes one fat. I have learned this lesson the hard way.

*A smiling face really does make a person seem infinitely more attractive.

*People often mistake a generally quiet demeanor for shyness. They are certainly not the same thing.

*It amazes me that people are legally permitted to use cell phones while driving.

*I still don't know why people have to wear clothes all the time.

*Those who think they know it all are wrong. Such people are a huge turn off.

*Gay people are people, just like everybody else. Some are cool and some are dorks. We make a mistake if we attempt to classify any large group en masse.

*Typing has turned out to be one of the most useful classes that I had in high school. I did not appreciate its importance at the time. Thank you, Ms. Shofner, wherever you are.

*Fresh garden vegetables are one of the best things about summertime. They are both delicious and healthy. And the best tasting ones seem to come from my dad's garden in rural Virginia.

*My parents were right: The older I get, the more time flies.

*If I could transform myself into any animal, I think I would choose to be an eagle. I would love to be able to spread my wings and soar high above the earth. At this point, I do that every night in my dreams.

That's all for now. Skoal, everybody.

2009-06-17T14:22:00.000-07:00

HUMAN NATURE REVEALED (AGAIN)

Here are three insightful quotes from the great H.L. Mencken. Like all memorable quotes, they summarize profound human truths in just a few words. I love these:

All men are frauds. The only difference between them is that some admit it. I myself deny it.

Conscience is the inner voice that warns us that somebody may be looking.

-and-

It is hard to believe that a man is telling the truth when you know that you would lie if you were in his place.

2009-06-11T11:28:00.000-07:00

WHO ARE THE PURPLE ACES?

Later this evening, I will be headed to the University of Evansville for my son Collin's new student orientation and registration. It takes place over the next couple of days at the university. I can't believe that it's time for my fourth child to go to college. It truly just doesn't seem possible.

Any road, this will be my first experience with UE, as they call it. My other children have either graduated from, or are currently attending, the University of Indianapolis (Tristan), Bellarmine University (Caitlin), or the U.S. Naval Academy (Brendan). I'm looking forward to learning more about the University of Evansville. I do know that the sports teams at UE are known as the "Purple Aces."

I was curious as to the origin of the nickname "Purple Aces." According to the school's web site, the University of Louisville actually played a major role in establishing the nickname. The teams at UE were originally known as the "Pioneers." During a game in the 1924-25 basketball season, the UE Pioneers beat the University of Louisville by a score of 59-39. After the game, Louisville's coach reportedly told the Evansville coach, "You didn't have four aces out there, you had five!" After the story appeared in the Evansville Courier, school representatives decided that they liked the sound of "Aces" better than "Pioneers," and decided to change the official nickname. UE athletic teams have been called the Evansville Purple Aces ever since.

I like this story. And I'm glad to know that my law school alma mater helped to give Collin's new school its sports nickname. And now I must learn a new cheer: Go Aces!

2009-06-09T11:53:00.000-07:00

THE RULE OF INCREDIBLE DUBIOSITY

One of my favorite legal terms is known as "the rule of incredible dubiosity." This unique sounding phrase describes a rule that is applicable in criminal cases only. It is a means of testing the sufficiency of evidence to support a conviction. It seems to be a rule that is unique to Indiana.

As applied in the Hoosier state, the rule is: "If a sole witness presents inherently improbable testimony and there is a complete lack of circumstantial evidence, a defendant's conviction may be reversed....Application of this rule is rare and the standard to be applied is whether the testimony is so incredibly dubious or inherently improbable that no reasonable person could believe it." Fajardo v. State, 859 N.E.2d 1201 (Ind. 2007).

As a civil litigation attorney, I have very little opportunity to use the rule of incredible dubiosity in my legal practice. I think that it is a great concept, though, and I like to apply it to everyday life. In fact, I suspect that everyone probably has applied his or her own incredible dubiosity test on many occasions.

Did the dog really eat the homework? Did the wife really stay out all night because she was having fun with her girlfriends? Did the major league baseball player really not know that he was being injected with steroids? Did the CIA really lie to Nancy Pelosi? I think that we each formulate our own answers to these and many other questions based upon the application of our own rule of incredible dubiosity. We decide whether the story seems too absurd to be believed, and formulate our opinions based upon that decision.

In the civil litigation arena, I like to informally apply my own rule when I am dealing with questionable testimony from witnesses. Sometimes people tell stories that seem so unlikely that I feel certain that the jury will ultimately discount and/or ignore them. Each juror, I am convinced, informally applies his or her own rule of incredible dubiosity in deciding whether to believe proffered testimony. I think that's human nature, and that's probably a good thing.

So the next time you suspect that someone may be telling you a whopper, you may want to consciously ask yourself if their tale seems to be inherently improbable. If so, you just might want to let it be known that the speaker has failed the incredible dubiosity test.

2009-06-04T13:26:00.000-07:00

I'LL TAKE THE MAGIC IN SEVEN

The NBA Finals begin tonight, and almost everyone is picking Kobe Bryant and the Los Angeles Lakers to win the best of seven series in six games or less. I'm going against the grain, and predicting the Orlando Magic to win the matchup in seven games.

My reason? I think that the Magic are being underestimated, and that they have too many weapons to lose this series. They have shown throughout the playoffs that they can cause nightmares for opponents from many angles. Whereas the Lakers will unquestionably have the best overall player on the floor in Bryant, the Magic present a well-rounded, relentless attack. You never know where their death blow is going to come from.

At age 23, Dwight Howard is on the verge of becoming a truly dominating center. Hedo Turkoglu has an unflappable court presence, and can strike at any time. And what about Mickael Pietrus, Rashard Lewis and Courtney Lee? Dagger, dagger and dagger again.

I think that it will be an interesting and competitive series. I also think that the experts are wrong. Like I said, I'll take the Magic to win it all in seven games.

2009-05-29T18:41:00.000-07:00

MANLY HEALTH AND HYGIENE

When it comes to offspring, I have unquestionably hit the jackpot. I am the father of four truly great kids, all of whom are now young adults ranging in age from eighteen to twenty-four. My sons are now eighteen and twenty. I have always tried to give them good practical male guidance, but there never seems to be enough time to tell them everything that I want to. Frankly, I do not recall whether I have told them these specific things or not. Allow me, then, to share with them--and with you, if you're interested--these manly tidbits of wisdom that I have amassed over my years on the planet.

Push-Ups: Push-ups are, without question, the best exercise for maintaining a masculine physique. Bench pressing accomplishes basically the same thing. I encourage weight training in all its forms, but if you can only do one exercise, push-ups are the best to give you strength and to maintain shape for your arms, chest and shoulders. I recommend doing at least five sets of your maximum reps every other day.

Nail Care: Proper male hygiene includes nail care. Many guys overlook this. I believe in keeping my nails clipped and clean. In addition to clipping, I use a cuticle oil with Vitamin E every day to keep my nails healthy and presentable. This is particularly important for the feet if you like to wear sandals, as I do. There is no excuse for having crusty-looking, unsightly nails.

Skin Moisturizer: When I was a young man, I suffered horrible itching on my back and arms every winter when my skin got dry. Fortunately, I eventually discovered the benefits of skin lotion. It completely solved the problem. These days, every time I finish showering I liberally apply skin moisturizer all over my body. I have found that Jergens Original Scent is the best, particularly in winter. In summertime, I sometimes use Suave Cocoa Butter with Shea.

Noxzema Shave: I have always had rather sensitive skin. Most shave creams and lotions will cause me to break out in short order. As a result, I have experimented with many brands. I have found that nothing compares with Medicated Noxema Shave for Sensitive Skin. Although it costs at least twice as much as regular shave creams, it is well worth it. It provides the most comfortable shave possible, and I wouldn't think of using anything else on my face.

Clean Mouth: I love to use mouthwash, and believe that it is essential for maintaining proper oral and dental hygiene. It should be swished around vigorously. I use an antiseptic mouthwash morning and night. I think that this routine helps to maintain a clean, healthy mouth. It's a great feeling!

With this posting, I realize that I have developed a very eclectic blog. I may give you updates on Indiana law. I may share my profound emotions. I may tell you about my political views, my opinions on sports, my favorite novels, or my tips on personal hygiene. I suppose that's the way my mind works, jumping from one subject to the next. I hope that you don't mind. I suppose that you don't, if you're still reading at this point.

I also hope that you find these tips to be of interest. I don't claim to be the most GQ guy around, but I strongly believe that these things have been helpful to me.

2009-05-25T14:16:00.000-07:00

SPORTS TAKES

U of L Baseball: How about those Cards! Louisville defeated Connecticut 11-3 yesterday to take the Big East tourney title in baseball, to add to their regular season championship. New Albany's Drew Haynes had a spectacular diving catch in center field for the Cards in the third inning to keep the momentum going. Louisville will now host an NCAA baseball regional beginning next Friday at Jim Patterson Stadium.

Orlando Magic: I find myself pulling for Orlando and L.A. in the NBA finals. I know that Kobe versus LeBron would be a compelling matchup in the championship series, but I've really come to admire Dwight Howard, Hedo Turkoglu, Courtney Lee and the rest of the Magic. And Stan Van Gundy? How can you not be for a coach who looks so much like Ron Jeremy?

Cincinnati Reds: It is wonderful that the Reds are playing well and still very much in contention in the NL Central. It has been a long time coming. Dusty Baker is doing a splendid job of managing this young team. It's great that the Reds are looking so good on Memorial Day; I just hope that they are still there and gaining steam on the Fourth of July.

Danica Patrick: I was hoping that Danica Patrick would win the Indy 500 yesterday. I really admire her mental toughness and her personality. I also think that she is very attractive, but that she could look better with a different hair style. But then again, she may not care much for my hair style either.

Mine That Bird: I am pulling strongly for Mine That Bird in the Belmont Stakes on June 6th. He is a phenomenal undersized horse who was given virtually no chance for success at the start of the current racing season. I don't think he's been appreciated enough for his win in the Kentucky Derby and his second place finish at the Preakness.

Jeremy Jarmon: Although I am a Louisville alumnus and fan, I was saddened to see outstanding Kentucky defensive lineman Jeremy Jarmon suspended for the entire upcoming football season by the NCAA. He was suspended after he tested positive for a banned substance during a random drug test. It appears that he made a terrible mistake in trying to lose weight by taking a dietary supplement that was not approved. By all accounts, Jarmon is a delightful young man who has never been in any sort of trouble before. I can relate to him because he's a political science major who also loves the theater. It's a shame for his collegiate career to end this way. I hope that he has great personal success in the future.

2009-05-11T14:48:00.000-07:00

WATCH OUT FOR THAT MAILBOX!

Mailboxes seem to come in all shapes and sizes these days. Some are decorative and festive, while others are functional and utilitarian. When it comes to mailboxes, we generally have a wide variety of styles and types from which to choose. Did you ever think, though, that your choice of a mailbox could subject you to liability for an accident that occurs on the street in front of your house? According to a recent decision issued by the Indiana Court of Appeals, that may be a very real possibility.

James and Erica Sparks lived on a rural, two-lane road outside of Pekin. They erected a brick mailbox on their property, placing it three feet from the roadway. The road in front of their house is straight, with no obstruction of sight lines, and the Sparkses had no knowledge of any accident ever having occurred there.

On August 22, 2005, Barbara White was driving on the roadway in front of the Sparkses' house. For unexplained reasons, she lost control of her vehicle and left her lane of travel, crossed the other lane, drove off the road, and then smashed into the brick mailbox support on the Sparkses' property. She was injured in the accident. Subsequently, she filed a lawsuit against James and Erica Sparks in the Washington County Superior Court.

In her suit, White alleged that the property owners "were negligent in maintaining an unreasonably dangerous mailbox on their property," and that she suffered injuries as a result. She contended that the property owners owed her a legal duty not to erect or construct objects in close proximity to the highway that could impose an unreasonable risk of harm to the traveling public.

The Sparkses moved for summary judgment, asking that the case be dismissed. Their motion was denied by the Judge of the Washington Superior Court, and the Indiana Court of Appeals recently affirmed the denial.

The Court of Appeals held that the Sparkses may, in fact, be held liable for their allegedly dangerous mailbox, and that there is sufficient evidence to allow a jury to conclude that they should have foreseen the possibility that a passing motorist would crash into it. The court noted that the plaintiff had designated evidence tending to show that the mailbox was bigger and stronger than it needed to be. The judges held that there is a factual issue as to whether the mailbox presented an unreasonable risk of harm to the traveling public.

This case is a bit of a head-scratcher to me, but it is no surprise that our courts seem to be always willing to expand recovery possibilities for plaintiffs. There's no word yet on whether the case will be appealed to the Indiana Supreme Court, or whether it will be tried to a jury. I'll let you know if I find out anything further.

For now, I would advise you to keep a close lookout for those dangerous mailboxes.

2009-04-30T13:59:00.000-07:00

DON'T DRINK AND DRIVE--EVEN AT HOME

The Indiana Supreme Court has ruled that Indiana's laws against drunk driving apply even when a motorist is driving on his or her own private property. You do not have to be driving on a public roadway in order to be convicted of operating while intoxicated.

In June of 2006, the defendant was operating an all-terrain vehicle on his own property in a rural area of Marshall County. He was driving it well away from the public roadway, in a wooded area about three hundred yards from his cabin. He had an accident, sustaining fractures and head trauma, and was taken to the hospital. Police suspected that he had been drinking and, after having blood drawn, charged him with operating a motor vehicle while intoxicated. The defendant moved the trial court to suppress evidence on the grounds that he could not be charged with OWI for operating an all-terrain vehicle on his own private property. The Marshall Superior Court granted the motion to suppress, and the State appealed.

On appeal, the defendant's attorney argued that the OWI statute's use of the terms "operator" and "vehicle" are both defined by reference to use upon a public highway. Defense counsel further argued that in driving his ATV in a wooded area of his own property, the defendant was not in any way endangering the public, and that the OWI laws should not be extended to encompass a motorist's use of a vehicle on the driver's own private property.

The Indiana Supreme Court rejected the defendant's arguments. Writing for the unanimous Court, Justice Brent Dickson noted that the State has a strong interest in protecting the health and safety of its citizens, referring not only to third persons but also the danger that a defendant presents to himself. The Court concluded: "Regardless of where the defendant's driving occurred, whether on public or private property, and even if on the defendant's own property, the State is authorized to charge him with intoxicated driving offenses." The Court issued its opinion for publication on April 8, 2009, and it is now the law of the land.

So the next time you're having a cookout at your house and need to move some cars around in your driveway, you'd better be careful. And if you've been sloshing down a few cold ones, let somebody who hasn't been drinking do it.

2009-04-17T12:32:00.000-07:00

A FUNNY THING

Looking for some worthwhile entertainment? Tonight is the premiere performance of the musical comedy A Funny Thing Happened On The Way To The Forum at Providence High School in Clarksville. I am eagerly looking forward to seeing the show both because of the quality of the performances that are typically produced there, and also because my son Collin is playing the role of Pseudolus. The role is a very large and challenging one--the very sort of role that Collin relishes.

As is always the case with the musicals at Providence, this one will be a major production with community-wide support. Tickets for tonight's gala dinner performance are $100.00 each, and many local luminaries will be on hand to support the school and its theater department. Tickets for the subsequent performances are a much more modest $14.00 each, and can be obtained by calling the Performing Arts Ticket Office at 945-2538, ext. 328. There are performances on April 17, 19, 23, 24, 25 and 26.

This will be Collin's last show at Providence. He graduates next month, and in the fall he will begin his studies as a theater major at the University of Evansville.

It appears that my youngest child has grown up on me. That sort of strikes me as a funny thing, but even more so as an unbelievable one. Break a leg, Son.

2009-04-02T18:29:00.000-07:00

WORLD WITHOUT END

Several years ago, I read what I consider to be one of the most magnificent novels ever written: The Pillars of the Earth, by Ken Follett. This is no ordinary novel. Rather, it is an exquisite work of historical fiction, deeply developed, that captivated me from start to finish. It literally made me laugh out loud at times, while putting me on the verge of tears at others. (Yes, even manly men like me have tear ducts, and we have to empty them out once every few years or so. But I digress.) Although the epic novel is over a thousand pages in length, I never tired of it. In fact, I found myself sorry that I could no longer continue reading once I finished it. I wanted it to go on and on!

Fortunately, Ken Follett has produced a sequel. World Without End picks up where Pillars left off--except two centuries later. I am now halfway through the sequel, and I am enjoying it every bit as much I did the original novel. I find myself stewing over what will happen with the bishops, knights, squires, serfs, outlaws, maidens and various other characters who are so vividly brought to life within the pages. The sequel is also over a thousand pages in length, and I am relishing every enthralling page. I again find myself not wanting it to end.

I have blogged before about my fondness for Ken Follett's writing, and I will say it again: He is a true literary master. If you have not read them, I can very happily recommend that you check out both The Pillars of the Earth and World Without End.

Just be ready to both laugh and cry.

2009-03-19T18:37:00.000-07:00

MISSING RAY

It was seven years ago today that my oldest brother, Ray, disappeared. He seemed to vanish from the face of the earth without a trace. He mysteriously went missing from his home in rural Virgina. Despite a massive search by the state and local police, no clue has been found as to his whereabouts. I haven't researched the law of Virginia on the issue, but in Indiana Ray would now be legally presumed to be dead. It devastates me to say that.

We all suspect, and fear, foul play. Ray had his share of enemies, I suspect, and he was known to get in trouble by gambling more than he could afford. Did gamblers catch up with him? Was it a love triangle that someone decided to end in a vicious manner? Or did he simply decide to ride the storm out on a remote beach somewhere in South America? Not knowing what happened, whatever the case, is probably the hardest part. It is the hardest of all on our 76-year-old father. As much as I would love for Ray to reappear, I know that it is very unlikely to happen at this point.

Ray was a great guy. He had his faults, as we all do, but I always knew that he would be there for me if I needed him. Today, more than ever, I miss my brother.

2009-03-05T10:31:00.000-08:00

BEST DRESSED MAN

It was with a sense of disappointment that I learned that Prince Charles recently edged out both Barack Obama and me to be named the world's best dressed man by Esquire magazine. I really thought that I might be in the running to win the award this year. I suppose I committed a major faux pas last year when I showed up to a fancy shindig wearing a Hawaiian shirt and flip flops--my usual summer costume. The voters were apparently unimpressed with my casually elegant, bohemian look. Oh well.

If I had been voting (and thus ineligible to vote for myself), I would have cast my vote for Rick Pitino, the impeccably dressed coach of my beloved Louisville Cardinals. He always looks fabulous, even in a white suit.

And he always looks really, really outstanding in March.

2009-02-26T17:12:00.000-08:00

PLAYING FOR CHANGE

Check out this awesome video that was sent to me by my cousin and friend, Rebecca Sanders-Plummer. According to the accompanying story, this video was made by two guys who went around the world getting street performers to all sing or play the same song, and then they dubbed them all together into one version of that song. The result is really cool.

2009-02-23T14:16:00.000-08:00

WORDS TO LIVE BY

Long ago, Abraham Lincoln set forth the following advice for his fellow members of the legal profession:

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser--in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man.

Honest Abe's words are just as true today as they were then. Any attorney who does not adhere to this maxim does a tremendous disservice to both his clients and the legal profession. Undoubtedly, most lawyers know this advice to be true, and utilize it in practice, although there will always be a few who just don't get it.

In my years of legal practice, I have found that a willingness to compromise can often save people time, money and heartache. It is the attorney's job to point this out, even though it may cost him or her a fee.

2009-02-20T08:08:00.000-08:00

REALLY?

As I was perusing the Courier-Journal this morning, I noticed in the section called FROM THE WIRE DISPATCHES a short news account about the execution of a death row inmate in Jarratt, Virginia. The article, entitled, "Killer executed; had to be carried to gurney," contains the following opening sentence:

An inmate declared his innocence yesterday after he was forcibly carried into Virginia's death chamber and executed.

Really? He continued to declare his innocence even after he was executed? That must have been some declaration, and I'm sure that it was very surprising indeed to those assembled to witness the proceedings.

2009-02-17T14:17:00.000-08:00

ELECTION OF INDIANA SUPREME COURT JUSTICES?

The Indiana legislature has recently been considering House Joint Resolution 9, which calls for the election of Indiana Supreme Court justices. Currently, potential justices are carefully considered and selected by the Indiana Judicial Nominating Commission, which then submits the names of finalists to the governor for final decision without regard to political affiliation. This is known as the merit selection system, and it has been in effect in Indiana since 1971. For a variety of reasons, I think that Joint Resolution 9 is a bad idea, and I am glad that, as of late this afternoon, the bill had not made it out of committee for consideration by the full House.

My primary reason for opposing the bill is that it would require potential justices to wade into the muck and mire of the political arena. They would have to organize extensive fundraising campaigns. They would be forced to solicit massive campaign contributions, and to court the approval of special interest groups who would hope to gain from the election of favorable justices. Rather than exercising only their independent legal judgment, they would have to be concerned about following the political mood of the day, and about pleasing their campaign supporters. All of this strikes me as being inherently bad.

The author of the bill, Rep. Craig Fry, D-Mishawaka, has said that its passage is necessary because the justices are not currently accountable to the political process. I for one think that is a good thing. Our neighboring states that have systems for elected appellate judges have seen literally millions of dollars poured into the campaigns of candidates by special interest groups hoping to influence election outcomes. That situation has to undermine the public's confidence in the impartiality of the judiciary.

For the most part, Indiana's merit selection process has worked very well over the years. The Indiana Supreme Court is greatly respected for its independence, fairness, and high ethical standing. I believe that our merit selection process is fine just as it is. I'm thankful that, at least for the time being, the House's Government and Regulatory Reform Committee apparently agrees.

2009-02-15T20:56:00.000-08:00

A SPLENDID SERENADE AND A WONDERFUL DAY

When I went out to retrieve my Courier-Journal this morning, I was rewarded with a most splendid serenade from the birds around my house. It was the most fervent morning chorus that I've heard this year, and it was a reminder that spring, in all its glory, cannot be far behind. I can't wait to get out in the woods on a bright spring morning to feel the wind on my face and listen to one of the most beautiful sounds that nature has to offer. Being out listening to the birds is a grand feeling, and one that makes me feel truly alive.

*************************************

This afternoon, I had the pleasure of going with my son, Collin Matthew, to watch the U of L Cards dispatch DePaul in fine fashion on the hardwood. It was a much-needed win by the Cards, and the crowd was rocking. Collin and I enjoyed it very much, as it was a very entertaining game for Cardinal fans.

In a matter of months, Collin will be graduating from high school and heading off to college. He is the fourth and last of my children to do so, and I know from experience how much I am going to miss him once he departs. That's one reason that I will always cherish today's experience with him.

2009-02-07T09:47:00.000-08:00

THE JONESY UPDATE

***I remain very pumped about the U of L Cards in basketball this year, notwithstanding their recent meltdown against Number 1 ranked U-Conn. My partners and I bought season tickets this year, and I am glad that we did. The Cards seem to have been developing a mental toughness that was not evident at the beginning of the season. And the team's depth has been coming along nicely. At the beginning of the season, it looked as if the team had no depth in the middle at all. Samardo Samuels, it seemed, was destined to be the Cards' only option at center. Fortunately, Terrence Jennings and George Goode are proving to be warriors under the boards as well.

I also like the guard rotation that Coach Pitino has finally settled upon: Edgar Sosa and Jerry Smith starting, and then the "microwave guys"--Andre McGee and Preston Knowles--coming off of the bench with smothering defense.

But of course, T-Will remains the heart of this team. If he and Earl Clark can get it in gear at the same time, the Louisville Cardinals will be a dangerous team for the rest of the season.

***Last night I finished another rather thrilling page-turner: Perfect Nightmare, a novel by John Saul. I found myself actually chilled with goose bumps as I got to the exciting denouement. If you are looking for some entertaining escapist fiction, you might want to check it out.

***As I have dealt with a very difficult time in my life recently, I have been amazed at the extent to which the sympathy and good wishes of others have uplifted me. I never realized before how profoundly effective a smile, a hug, or a word of encouragement can be to someone who is feeling bereft. I will remember this lesson, and do all that I can in the future to help others when they need it.