Defending People

the tao of criminal-defense trial lawyering

Officers, You’re Doing a Heck of a Job.

| July 30, 2008

The [edit: Minneapolis,] Minnesota Police Department has given medals to eight officers who participated in the botched raid last December of a family home. They were at the wrong house; the homeowner, there with his wife and six kids and thinking he was being robbed, shot at them, and the police shot back. Minneapolis police [...]

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Million-Dollar Legal Advice

| July 29, 2008

I’ve been saying it on the internet for 10 years in my Million-Dolar Legal Advice: don’t talk to the police.

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Last Thursday’s Reasonable Doubt

| July 29, 2008

In case you missed it — last Thursday’s Reasonable Doubt with Steven Halpert, Todd Dupont, and me.

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Arrogant, or Just Dim?

| July 29, 2008

Blonde Justice wrote yesterday about dealing with a none-too-bright prosecutor: So, I continued, “Look, she’s been through a lot, but she’s getting her life straightened out. She’s seeing a psychiatrist and a psychologist…”At which point the prosecutor interrupted, “Wait.”Wait? Maybe she’s starting to get it?“Wait,” she continued, “You expect me to believe there’s a difference [...]

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First Blog from TLC

| July 29, 2008

It turns out that Gerry Spence was not the first blogger to blog from the Trial Lawyers College on his ranch in Dubois, Wyoming. Idaho criminal-defense lawyer Chuck Peterson has that distinction (with another LexBlog blog); he wrote on July 15th that TLC Will Change Your Life. Please welcome Chuck to the practical blawgosphere.Now c’mon [...]

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The Client’s Decisions, the Lawyer’s, and Chastisement to Insolent Pups

| July 28, 2008

In a criminal case in Texas, the accused has five decisions to make: Whether to plead guilty or not guilty; Whether to try the case to judge or jury; Whether to ask (in the event of conviction) for probation; Whether to testify or not; and Whether to have judge or jury (in the event of [...]

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The Scavenging Thread

| July 27, 2008

I like to read about fields other than law (improvisational theatre, comedy, chaos studies, interrogation, acting, survival, hypnosis, the Tao, NLP, aikido, etc.) that I think might be relevant to the practice of criminal trial law. I’m always looking for more suggestions — for example, when Western Justice wrote about Statement Analysis, I ordered the [...]

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I Thought I was an Infomaniac . . .

| July 27, 2008

. . . but it turns out that I’m just normally infovorous. USC professor Irving Biederman writes: Gaze at something that leads to a novel interpretation . . . and that will spur higher levels of associative activity in opioid-dense areas. We are thus thrilled when new insights tap into what we have previously learned. [...]

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“A Marvelous and Precarious Machine”

| July 25, 2008

A civilian blogger, Mark Pilgrim, blogs about his experience with a criminal jury trial: Everything is slanted towards the defense. Big stuff, little stuff, process stuff, everything. We learned later (during sentencing) that the defendant in our case had several prior convictions, but the DA wasn’t allowed to bring them up during the trial. Witnesses [...]

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Ask the Legal Marketing Guru

| July 25, 2008

Dear Legal Marketing Guru, I have left government service, and am starting my private criminal law practice as a hired-gun prosecutrix. I have already started creating my brand (“Prosecutor for Hire”) and negging the competition. I have been hired to try a capital case in Wharton County as a special prosecutor. What should I do [...]

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