Defending People

the tao of criminal-defense trial lawyering

TOS Violations in Criminal Solicitation of a Minor Case

| May 19, 2008

The indictment (h/t Orin Kerr at The Volokh Conspiracy) in U.S. v. Drew: On or about the following dates, defendant DREW, using a computer in O’Fallon, Missouri, intentionally accessed and caused to be accessed a computer used in interstate and foreign commerce, namely, the MySpace servers located in Los Angeles County, California, within the Central [...]

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Probation Eligibility in Texas

| May 18, 2008

A Texas judge can give deferred-adjudication probation to a person pleading guilty unless: (1) the defendant is charged with an offense: (A) under Sections 49.04-49.08, Penal Code [DWI offenses]; or (B) for which punishment may be increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code [Drug-Free Zone], if it is shown that [...]

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What Lawyers’re Doing Across the Pond

| May 16, 2008

Taunting the government’s AI; Geeklawyer is offering a bottle of whisky [sic] for the best question and answer.

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Mack Arnold Fundraiser

| May 16, 2008

Monday June 16, 2008. 6:00 p.m. to 8:00 p.m. El Tiempo Cantino, 3130 Richmond, Houston. Live auction, free food, cold beer and margaritas.

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New Poll: Rusty Duncan

| May 14, 2008

I’ve added a new poll to the sidebar: [poll=4]

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Problems With Judge Voir Dire

| May 13, 2008

Notes I wrote during a federal judge’s voir dire a few months ago: A judge’s voir dire is calculated to get jurors to promise to follow the law while a lawyer’s voir dire is calculated to find those who might have difficulty following the law. A judge’s voir dire is calculated to get jurors to [...]

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For a Public Information Office

| May 12, 2008

Napoleon’s Third Rule of Infantry Combat, per Terry MacCarthy: When your enemy is in the process of destroying himself, do not interfere! In light of that, I’m tempted not to comment on the Harris County DA’s proposed creation of a Public Information Office to serve as the “face and voice” of the Office. The Chronicle [...]

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The Hired-Gun Prosecutor

| May 10, 2008

Kelly Siegler, having left the Harris County DA’s Office, will be working as a special prosecutor on a capital murder case in Wharton County. My admittedly cursory legal research on the question hasn’t revealed legal authority for anyone other than an assistant attorney general to assist in the prosecution of criminal cases, unless the district [...]

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Confidence-Inspiring

| May 10, 2008

From the solicitation letter sent to Bennett & Bennett by Transperfect, “the leading provider of international communications services to the world’s top intellectual property practices”: In fact, more than 25% of our revenue comes from assisting clients with international litigations. I’m sure they do that work with honesties and integrities.

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Suffering Laryngitis

| May 7, 2008

I’m helping host two communicating-with-juries workshops (with Joshua Karton) and the Harris County Criminal Lawyers Association annual banquet in the next two days. Could there be a more inopportune time for me to lose my voice? (Answer: yes, actually: in the middle of a trial.)

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