Schuelke Law - March 2022

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MARCH 2022

The Wonderful World of Reading It’s Worth the Excitement

Throughout my life, one of my favorite activities has been reading. I’ve been a voracious reader since I was a kid and continue to read regularly to this day. On the second day of March, we celebrate Read Across America Day to inspire and encourage others to get excited about reading. I started reading at an early age and, through my childhood, rarely went a day without reading. My mom likes to tell a story from when I was about 5 or 6 years old. When we were on a trip somewhere, she woke up very early in the morning in the hotel because she heard some movement. It wasn’t anything worrisome, though. It was simply me trying to read the Yellow Pages because I didn’t have anything else to read. I’ve continued reading since then, though what I like to read has improved far beyond the Yellow Pages.

must-read for me because not only is Michener from Austin, but he’s also a former neighbor. With my son moving to Hawaii for school, I knew it was finally time to pick it up and read all 1,000-plus pages. It’s a wonderful piece of historical fiction that tells the history of Hawaii, starting with the formation of the islands, through fictional characters and their stories. Another book I’ve read recently (a little late to the party on that) is Mitch Albom’s “Tuesdays with Morrie,” which I only read after my wife finished it and moved it to my stack of books on my bedside table. The book documents Albom’s weekly visits with his former college professor, Morrie Schwartz, as Morrie fights ALS. It’s thoughtful, funny, and encouraging. More than one person has said that this book was life-changing for them, and I can understand why. Not all of the books I read are meant to change your perspective or instill more knowledge. I recently finished reading John Grisham’s “The Judge’s List” while enjoying a rare 80-degree December day on the beach. Reading on the beach surrounded by my favorite people has to be one of my

Not only do I love to read, but I also love sharing the joy of reading with others. When my kids were in elementary school, they had a program called Read-A-Loud, where parents could go read to classes within

the school for an hour or so once a

favorite activities. I read many mindless books like this one and greatly enjoy them because they grant a reprieve from our day-to- day madness. For National Read Across America Day, I implore you all to go out, grab your favorite

week. I always had a great time sharing my favorite books and my kids’ favorite books with their classmates.

Additionally, my wife and I helped start a program called the Pickle Elementary Book Sale. More than anything,

or a new book, and spend some time reading. If you don’t necessarily enjoy reading, try out some new genres or authors. It’s possible you just haven’t found the right connection yet. Once you do, you’ll discover a brand-new world of entertainment and enjoyment.

we wanted to distribute books to underprivileged students at the school. The principal came to us stating that she wanted the kids to have actual ownership of the books rather than just receive them from a giveaway. So, the Quarter Book Sale was born. We have distributed over 50,000 books to students at the school over the years. To help celebrate Read Across America Day, I thought I’d recommend some of my favorite books I’ve read over the last few months. The first book I’d like to mention is “Hawaii” by James Michener. This was a

-Brooks Schuelke | 1

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Spring Fever Enjoy Warm Weather While Stuck Indoors

Try working outside. If your boss will allow it, there’s probably some opportunity to do a bit of work outdoors. Meetings and conference calls might offer your best option. For in-person meetings, your coworkers will also likely relish a chance to take it outdoors. In the event of a conference call, you won’t need to convince anyone else — grab your laptop and go! It’s not the same as enjoying the weather while you’re off the clock, but it’s a lot better than being cooped up inside.

The weather is warming up, the sun is out — and you’re trapped inside. Most of us have jobs that leave us stuck indoors during spring’s prime midday hours, and it’s easy to feel like you’re missing out on the season’s best parts. Unfortunately, your boss probably won’t give you the day off just because of the gorgeous weather. So, we’ve compiled the next best thing — some tips to enjoy the season as much as you can while also getting your job done. Bring the outdoors in. When the weather is nice, open as many curtains and blinds as possible. The natural light will warm up the room and brighten your mood. While you’re at it, try opening the windows and positioning yourself near one. If you can’t be outside, the spring breeze on your face is the next best thing. Plants decrease stress, and having them on your desk might also trick your brain into feeling less cooped up. Take a break. You’ve still got to work, but that doesn’t mean you can’t sneak in a few minutes outdoors. Use your break for an outdoor stroll; if possible, you can also walk or bike to work. At the very least, park farther away to give yourself time to enjoy the weather. Volunteer to do a coffee run, pick up lunch, or take out the mail — you’ll be an office hero while catching some rays at the same time.

With any luck, these tips will help you make it to Friday with your sanity intact. And luckily, the weekend is always just around the corner.

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hearings, or a trial without representation — and if you cannot afford to hire an attorney, the court will provide you with a public defender. Ironically, to invoke your right to remain silent, you have to talk — simply not speaking isn’t considered sufficient. A person needs to say as clearly as possible that they are invoking their rights and want an attorney.

Though film and TV scripts tend to use uniform wording, there’s no required Miranda rights phrasing. Police only need to state the rights and ensure the suspect understands them. It’s also notable that police only have to read Miranda rights when they arrest a suspect — and they can question someone without

detaining them. Courts consider anything the suspect says when not under arrest to be of their own free will.

Many people waive their rights because they know they’re not guilty — or they think that speaking with the police will make them look innocent. Criminal defense attorneys strongly advise against this. Body language, off-handed statements, or inconsistent recounting of events can be used as evidence of guilt. And sadly, many innocent people have been sentenced to time in prison.

If you’re ever arrested or questioned in connection with a crime, the best way to protect your rights is to invoke them right away. Hire an experienced criminal defense attorney or ask the court to appoint one for you. The lawyer will review your case, help you understand the charges, and provide expert guidance on your next steps. Don’t feel bad about doing so — these rights are enshrined in the Constitution. They’re just that important.

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Why One Man Sued Michael Jordan for $832 Million I DON’T WANT TO BE LIKE MIKE

Many people have been told they

have a passing resemblance to a celebrity, and they usually have a funny story or two. To Allen Ray Heckard, his celebrity look- alike was no laughing matter. In 2006, he sued Michael

Jordan for looking too much like him and ruining his life.

The amount of the lawsuit was $832 million, and Heckard not only sued Jordan but also Nike, reasoning that the company helped Jordan achieve his incredible fame. The complaint argued that the resemblance to Jordan “has troubled

Heckard’s nerves” and being stopped by fans caused him emotional distress for over 15 years. He requested damages for defamation, permanent injury, and pain and suffering. For someone tired of being “recognized,” Heckard didn’t shy away from media coverage. When asked how he arrived at the astronomical $832 million lawsuit figure, he gave this much- shared (yet difficult to parse) answer: “Well, you figure with my age, and you multiply that by seven and, ah, then I turn around and, ah, I figure that’s what it all boils down to.” When asked why he felt the resemblance to Jordan had affected his life so negatively, he could only answer, “I want to be recognized as me, just like Michael’s recognized as Michael.” Funnily enough, most people didn’t think Heckard and Jordan looked alike at all. While each had a bald head, mustache, and a gold earring, the similarities seemed to end there. Many news stories noted that, compared to Jordan, Heckard is 8 years older and 6 inches shorter. One question reporters did not appear to ask was why Heckard felt that Jordan should be held personally liable for hundreds of millions of dollars simply for his natural appearance. Sadly, we will probably never know the answer because the case ended rather unceremoniously. After a few weeks, Heckard dropped the lawsuit. He never publicly shared why, but a Nike spokesperson was glad to speculate that Heckard “finally realized he would end up paying our court costs if the lawsuit went to trial.” In the end, many ‘90s kids would argue that Heckard was most guilty of looking a gift horse in the mouth. After all, there is no higher achievement than to “be like Mike.”


Cheer on your favorite team and chow down in minutes with this easy chili recipe!


• 2 lbs ground beef • 2 tbsp chili powder • 1 tbsp Creole seasoning • 1 tsp ground cumin

• 2 16-oz cans diced tomatoes • 2 16-oz cans small red beans • 2 8-oz cans tomato sauce


1. In a deep pot, brown the beef, stirring often. 2. Once beef is cooked, add chili powder, Creole seasoning, and cumin, cooking for 1 minute. 3. Stir in diced tomatoes, beans, and tomato sauce and bring the mixture to a boil. 4. After the mixture boils, reduce the heat to low and let chili simmer for 15 minutes. 5. Serve with toppings of choice, like cheese, sour cream, or chives.

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3011 N. Lamar Blvd., Ste. 200 Austin, TX 78705



Celebrate Read Across America Day!


Enjoy Spring Weather — Even From Work

Easy March Madness Chili Someone Sued Michael Jordan?



What Do Your Miranda Rights Mean?

You Have the Right to … What Now? Understanding and Using Your Miranda Rights

If you watch a lot of procedural dramas on television, you can probably recite your Miranda rights by heart:

But why are these words so ubiquitous? What do they mean in the real world? And do you really need to worry about your rights if you haven’t committed a crime? Miranda rights originated in 1966 through the Supreme Court case Miranda v. Arizona . Police arrested Ernesto Miranda on kidnapping charges, and after two hours of questioning, he eventually confessed to the crime. His attorneys argued that Miranda did not understand his rights at the time of the confession, so the courts should disregard it as evidence of his guilt. The Supreme Court agreed, saying that one cannot sign away their rights without first understanding them. The right to remain silent originates from the Fifth Amendment right to not self-incriminate. In this context, “staying silent” means not answering questions from the police. Though experts recommend silence from the beginning, a person can invoke their rights partway through an interrogation. The right to an attorney means you do not have to go through questioning,

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

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