Evidently the law in the county where I've been trying a case for the past two days has not yet reached the question of whether "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," encompasses the right to be drunk.

While sitting on a jury.

One of our jurors (well, ex-jurors) is about to test that theory, with the assistance of the judge, who was most displeased to receive word from the bailiff that all of the other jurors were complaining about the reek of alcohol coming from juror #5.  At 10:30 am, while we'd been trying the case since 8 am, an early start due to a capital trial with some local media notoriety going on elsewhere in the courthouse.   I didn't notice it, but then I smoke so my sense of smell is rather impaired, and I was some distance away in any case.

After a rather long break, juror #5 allegedly tested above the legal alcohol limit for driving a vehicle in this state.  That must have been a helluva morning she had before showing up at 8 am.  Or perhaps a helluva night, last night.

Fortunately it was the other side that was putting on evidence while all this was happening, and we'd stipulated to a jury of 10 in the event that one or two jurors had to be removed from the panel.  I suspect the remaining jurors never heard a word of my opponent's case.

Last 5 posts by Patrick

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