Defending People

the tao of criminal-defense trial lawyering

Plea Plead Pleaded Pled? Please!

| December 21, 2007

My fellow blawgers: When a person admits her guilt in court, she does not plea guilty. She pleads guilty, entering a guilty plea. “Plead” is a verb. “Plea” is a noun. After a person has admitted his guilt in court, he has not plead (or “pleaed”) guilty. The past tense of “to plead” is “pleaded” [...]

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Logical Extreme

| December 21, 2007

Something that should cheer those who hold that “The Sun rises and falls on the sole question of the client’s interest” and feel that “if serving the client harms another, so be it” . . . . Here, if the federal government is to be believed, is a lawyer who doesn’t just pay lip service [...]

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Practical Blawgosphere Wiki

| December 20, 2007

Several denizens of the practical blawgosphere have started a wiki for the practical blawgers. Please check it out, and begin editing it to add other practical blawgs, and other fields of practice, to the catalog. Editing instructions are here.

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Justice?

| December 20, 2007

Gideon wrote: Maybe I’m naive, but I thought it – what we do, this side and the other – was about justice. Righting wrongs. Then why, for some, is it about winning and losing? What this side does is different than what the other side does. The other side has (but of course doesn’t always [...]

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I’m Back

| December 20, 2007

Bennett & Bennett are back from seven days in Paris. A few of the things the French do exceedingly well: Food and drink. Subterranean transport. Historic preservation. Clothing. Something the French do less well: Technology. While the hotel at which we stayed in the 7th Arrondissement provided, in theory, a high-speed internet connection, that mostly-theoretical [...]

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On Vacation

| December 13, 2007

Defending People is taking a brief well-deserved break. I will not post much, and may not post at all, in the next seven days.

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Offshore My Job? Not Bloody Likely!

| December 11, 2007

Scott Greenfield is having a conversation (of sorts) with Rahul Jindal about legal outsourcing. Rahul, who is in Noida (a suburb of Delhi) is an advocate of LPO — variously, “Legal Process Outsourcing,” “Legal Process Offshoring,” or “Legal Services Offshoring.” Mention of Delhi drew my attention because that’s one of my hometowns. Until I was [...]

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Drug Defense Brainstorming

| December 11, 2007

How, without putting your client on the stand, might you counter the government’s “nobody would trust another person with x dollars worth of drugs unless the other person knew he had the drugs” argument in a trial in which knowledge is at issue? I’m looking for novel and useful approaches.

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Failure to Testify

| December 10, 2007

From McClung’s Texas Pattern Jury Charges: You are instructed that our law provides that the failure of the defendant to testify shall not be taken as a circumstance against him, and during your deliberations you must not allude to, comment on, or discuss the failure of the defendant to testify in this cause, nor will [...]

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TSA = Thieves Shun Accountability

| December 9, 2007

In our (if you help someone with a trial for long enough, it becomes your trial too) federal cocaine conspiracy trial, which involves eight kilograms of cocaine in a sealed Barbie dollhouse box in a suitcase at Houston’s Intercontinental Airport, yesterday we learned that the Transportation Security Administration (TSA) keeps no record of the suitcases [...]

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