01.01.08

Word in Context: sockdolager

Posted in Word in Context at 10:25 pm by Emmel Philips

In honor of Judge Selya, here is a find from a recent opinion:

The completeness and the transparency of this explanation ensured that the appellant, well before the court accepted his changed plea, had come to comprehend the full extent of his sentencing exposure.
The sockdolager is that the appellant proceeded to acknowledge as much. The final aspect of the relevant exchange tells the tale:

Jimenez: I understand what you’re saying now, right. For instance, I plead guilty now, so what you’re saying [is] a ten year minimum, right? The ten year minimum?
The Court: I have to inform you that you could be facing a ten year mandatory minimum. Now whether you are or not subject to the ten year mandatory minimum, I don’t know. I’m telling you that’s a possibility. . . .

A defendant’s acknowledgment, during a change-of-plea proceeding, that he understands a lucid explanation of his potential sentencing exposure is powerful evidence of the knowing nature of his guilty plea. See Jiminez, 498 F.3d at 86.

United States v. Jimenez, No. 06-1553 (1st Cir. Dec. 27, 2007). Sockdolager is a decisive blow or a conclusive argument, a clincher.

Happy 2008!

Posted in Miscellany at 6:25 pm by Emmel Philips

Welcome dear reader(s) to the 2008 version of The Write Bailiwick!  (Ok, not much has changed yet; I still have not read the book on blog programming from Dear Husband, but our Christmas cards are almost done as the octave comes to a close today!).

In the spirit of the new year, I will be attempting to excavate to the bottom of my desk this month.  (Any archaeology or anthropology students in need of a thesis project can contact me at the sidebar address.)  Also, I share this link to the official, congressionally mandated free credit report website.  I did this a few years ago, and checking it again is on my own annual “to do” list.  We are entitled to a free credit report each year from each of the three credit bureaus.  If you time your requests, you can get one every four months.  Unfortunately, the reports do not provide your credit score.  Beware of other sites that ask for credit card and personal data, in order to enroll you in an unnecessary credit monitoring service!