Losing: It Gets Easier with Practice

Just a week and some days after my last post, the Missouri Court of Appeals issued a two-paragraph opinion denying my motion to recall the trial court's mandate. The judge's ruling said, in essence, that my claims of fraud on the court weren't appropriate for that venue. It wasn't that the issues I brought to them were invalid but that another court would have to decade them.

This is exactly what the Eighth Circuit Court of Appeals, under a different judge, decided about different issues, the last time I filed anything in my case. In my appeal of the Missouri Court of Appeals' 2004 mandate, the court declined to make a ruling and passed the buck to the US Supreme Court with all the judicial thoroughness of someone in a hurry to get back to his lunch. I was as confused as I was angry. <<i>>They get to just do that!? They get to just say, "Nah, I don't feel like deciding"!? After that, I spent a several weeks preparing to submit my case to the highest court in the land — which rubber-stamped it the first day back from its summer recess. My lawyers scheduled a call with me last week. On the phone, they sounded nervous about breaking the news of this latest denial. I can't imagine how difficult it must be, delivering that kind of message to someone who's entrusted you with winning back their freedom. They did a good job. They always do a good job. "How are you feeling?" one wanted to know. "It gets easier," I told them. After twenty-three years of this, I'd be in a pretty pathetic state if I hadn't developed a decent level of resilience. My first line of defense against crushing disappointment is refusing to let hope develop into expectations (which are by their nature always unrealistic). The American court system is going to be the American court system, a source of some illogical, unjust, or otherwise shitty rulings. When that happens and deals a blow to hope, it helps to be okay with sitting in sadness awhile, giving myself permission to feel the all-over hollow ache of such a loss. It's been a week since the ruling. My lawyers are already hard at work, retooling our motion to submit a habeas corpus petition. The same day that I learned about the court's non-decision, I had to chair a business meeting in Gavel Club. Then I had to meet with the chaplain and try to arrange reinstatement of Buddhist services, which were suspended in January due to low attendance. Then I had to conduct interviews for onboarding a new hire at my job. Then I had work of my own to do — TV programs to produce, events to organize, data to crunch, deadlines to meet. Then I went to sleep. I did more the next day. The show must go on. So must I. At this point, going on is just kind of my thing.