Post #10

I am summarizing medical records and the remainder of the case for which I wrote the Motion for Downward Departure and/or Variance (the drug case). My supervisor thought this might be a good assignment that focuses more on English writing but incorporates law and how I saw the case to evolve over the past few months.

Beginning with the indictment, I outlined the charges, the situation, the pleading, and the original sentence, then added the medical summary and the family situation as factors for downward departure or variance. I didn't have a template for this assignment; it was more like writing an essay that reviewed an old case, but it pulled all of the components of the case into one single chain of events, which was very helpful to me.

The best part about this writing is that this is the first case I have been able to watch develop from the beginning to the end-- my supervisor is taking me along to the sentencing today to see how well my motion for downward departure did with the court! So after I get back I will finish this document, and I'll have a comprehensive review of everything that happened in the first case I've ever followed through from start to finish! I also get to see how well I wrote the document and if this defendant receives his downward departure/variance he desperately needs. My supervisor told me that it is possible that he could get prison time but also possible he could be on home confinement. I'm hoping my assistance with this writing results in the latter.

Our defendant received a nine level departure from his standard level of sentencing and was granted home confinement, which is apparently unheard of according to my supervisor. The document she had given me as a template had resulted in that defendant only receiving a two level departure in his case, which tells us that we did really well, and our defendant's age and fragility were considered in his sentencing by the judge. Instead of being escorted to prison, this man got to return home with his family. He has a grandchild on the way, who will happy to get to know his grandpa.

To give me a break from all of that, I was assigned a different task. I drafted a summary of medical records for a domestic case that was not particularly pleasant. We represent the plaintiff. The real issue in this case is alternate causation--if we can establish that the defendant caused the medical issues, we can probably win the case. Unfortunately, nothing that I read or summarized could definitely prove or disprove anything.

I ended up running an errand today to complete another task I was assigned because he fax machine was not working correctly today. I had to pick up some records that would alter child support payments in a divorce and draft a letter that illustrates the issues, citing the final order in the divorce and the statutes listed in the final order to make a strong persuasive base for the change in child support.