Tales from Tennessee Lawyers

8. Courtroom Misbehavior and Jury Justice/Injustice

COURTROOM MISBEHAVIOR AND JURY JUSTICE/INJUSTICE 147
8 COURTROOM MISBEHAVIOR AND JURY JUSTICE/INJUSTICE Various types of events occur in the courtroom, some of which involve physical attacks typically instituted by the accused, curse words uttered in loud tones, or guns pointed at someone on the opposition’s side. Although curse words were and are rather commonly used in some instances, physical attacks and other forms of misbehavior are not common in modern times, especially among lawyers in the courtroom. On the other side of the picture, clients have been known to thank their attorneys by hugging and/or kissing them in the presence of others in the courtroom. Interesting, uncommon incidents took place during courtroom sessions described in the category of courtroom misbehavior , such as a client’s misunderstanding the meaning of a certain word, a woman exposing her wounded breast, and a young man appearing in court dressed in inappropriate attire. In public opinion, and among attorneys as well, the jury system has its ups and downs. Thus, opinions differ as to the fairness of this facet of the legal system. Some legal professionals believe that jurors often act in accordance with what they feel should be done, rather than on facts presented and illuminated during the court procedures . Personal opinion and belief may thus play a role in the way a jurist votes, yet some persons who serve on juries will do everything possible to vote on the “right” side. Judges typically firmly support the jury’s decision. 148 Tales from Tennessee Lawyers 180. “DRINKING BEFORE GOING TO COURT” In one of the first cases I ever had, my parents had come down from North Carolina to watch me. I was representing a fellow who had clubbed another in the head with a baseball bat. My client was a little bit mentally defective somewhat. His name was Raymond Whitaker, and I’ll never forget him. His face looked paralyzed on one side, like he had had a stroke, but he hadn’t. He was young, but he looked old. He was still in his twenties, but he could have passed for the forties. Life had not been kind to him. I took him up to the arraignment, and the judge says, “Mr. Fraley, your client is charged with aggravated assault. How do you plead, sir?” I said, “To please the court, I waive the reading indictment and enter a plea of not guilty for my client.” This was my first case, the first big case to be tried at some other point. Well, my client looked at me, and he thought when I pled him not guilty, the case was over. He reached around and grabbed me by the neck and gave me a big kiss right there in the courtroom! Well, my dad broke down. He just couldn’t help laughing at me with this client kissing me right there in open court. I said, “Judge, looks like my client is quite enamored with me. I hope he still is after he spends some time in jail.” He didn’t go to jail. He was sentenced. I talked the victim into having a little more compassion for the poor fellow who had lost his temper over this thing, and he agreed with me. As it turned out, the victim wasn’t afraid to take a little drink himself, and he was drunk two or three times when he showed up in court. So it made it a little bit easier that they were afraid he would be testifying drunk and I would eat him up, so that worked out well. Raymond Fraley, Fayetteville, September 20, 2001 181. “TEENAGE LAD INAPPROPRIATELY DRESSED FOR COURT” I came into juvenile court one day here in Dresden, and my youth services officer came up to me and said, “Judge, there’s a young man in here who will be coming up before you in just a minute. He’s got on a long trench coat, and he’s got a chain around his neck with a bullet on the end of it. And he’s got a stuffed monkey hanging around his waist.” So this young man came up before me, but the tragic thing was COURTROOM MISBEHAVIOR AND JURY JUSTICE/INJUSTICE 149 that his parents were with him. They were also very responsible people. And their son was dressed like the officer said. I told the officer...