The Epp Law Report
Legal news, views, and analysis from a practicing attorney

Please Go To Middle Border Sun

Monday, June 01, 2009
I am combining all of my blogs--about Kansas, South Dakota, Buddhism, and the law--into one blog-the Middle Border Sun, formerly South Dakota Watch.

I am tagging the headlines so you can quickly scan if you are interested in the topic. The MBS also utilizes a unique, "boxy" look that aggregates many postings on diverse topics in a small amount of space.

Please change your bookmarks to http://www.middlebordersun.com and your RSS feed to http://southdakotawatch.blogspot.com/feeds/posts/default
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Pull Up Those Pants--Or Don't

Thursday, April 23, 2009
Judge Rules Ban On Saggy Pants Unconstitutional
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Even The Commie Red Chinese Allow Cameras In Their Trial Courts

Sunday, April 19, 2009
After testifying before the South Dakota Cameras in the Courts Committee, I find it interesting that even those Godless, Communist Red Chinese allow cameras in their trial courts.

I mean, if the ChiComms aren't afraid of a little openness in their courts, why not in our God-fearing, democratic state trial courts?

Also, as a side note, in 1983 then I was studying Chinese law and language in Shanghai, I did attend a criminal trial and a civil mediation. They were more similar than disimilar to our own proceedings.




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"Workin'" On The Chain Gang In Maricopa County

Sunday, April 19, 2009
Controversial Maricopa Sheriff Joe Arpaio Visits The Inmate Tent City


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Psychological Science: What Was The Memory I Was Supposed To Remember?

Wednesday, April 15, 2009

Lewis

As a trial lawyer, witnesses' memories and recall are very important to the judicial process. So, when I saw this summary of a study published by Psychological Science, I took notice.

As you'd expect, if you don't think something is all that damned important when you see it, you don't remember it as well as if you think it is important.

But I still think Scooter Libby is a dink. At least that's my recollection.

Misconceptions of Memory: The Scooter Libby Effect
Karim S. Kassam, Daniel T. Gilbert, Jillian K. Swencionis,
and Timothy D. Wilson
When we know in advance that something is important, we are likely to remember it. When we only realize its importance after the fact, however, it is often more difficult to recall all the details. New research suggests that, even though it's not deliberate, other people may not be very sympathetic if one were to cite this phenomenon as an excuse for forgetting. Participants predicting the responses of a group of volunteers expected they would remember the majority of facts presented to them, even though those volunteers were told that not all the items were equally important. These findings suggest we sometimes place unrealistic demands on others' memory and could have significant implications for situations that rely on recall.



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Bob Newland Busted but Not Broken

Tuesday, April 07, 2009


Gadfly and marijuana decriminalization supporter Bob Newland of Hermoas was formally charged with felony and misdemeanor counts for intent to distribute more than an ounce but less than half a pound of pot.

These are serious charges. All I know is what I read on the blogs about the situation Bob faces. And some are gleeful about his current fix.

My relationship with Bob has sometimes been difficult. In 2006, I initially opposed his initiated measure to allow medical marijuana. He was dogged in getting after me for my opposition. Because I had a family member who had problems with drugs, I was against the idea. In fact, I told Bob in no uncertain terms to leave me alone about the issue.

But he pricked my conscience.

In part because of Bob Newland, I came to support and do support medical marijuana. I have no intent on using it but I know there are South Dakotans with chronic pain and other ailments who may benefit from medical cannabis. It's not my place to tell suffering people that can't have something that might relieve their suffering.

Lots of people who wanted to change the world have spent time in prison: Jesus, Gandhi, and Martin Luther King, Jr. come to mind.

I'm not saying Bob's a martyr. We are a nation of laws and not men and women. But like others who have tried to change society's point of view, the route sometimes leads through jail before there is change.

Bob, let's hope you have a very good lawyer who can make at least some of this go away.



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Go to SD Watch @ Squarespace.com for Live Blogging of Cameras in Courts Meeting

Friday, April 03, 2009
Click here to go to SD Watch @ squarespace.com for my live blogging of the S.D. Cameras in the Courts Committee Friday, April 3, 2009 in Rapid City. I will be testifying at 1:40 p.m. MDT, so I won't be updating myself. I'll also send out some Twitters at SDWatch.

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