Defending People

the tao of criminal-defense trial lawyering

One Double Strike

I just compared notes with the prosecutor on my trial case. In picking a jury of 12 out of a panel of 65, exercising 10 peremptory challenges each, we made one double strike.

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Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

10 Responses to “One Double Strike”

  1. Ron in Houston says:

    And the verdict was? (Or is the jury still out?)

  2. Mark Bennett says:

    The prosecutor is arguing as we speak.

  3. Mark Bennett says:

    Guilty verdict. Hate it when that happens.

  4. john gibson says:

    That was quick wasn’t it?

  5. Mark Bennett says:

    Much quicker than it seems: maybe 15 minutes of deliberation. I guess it was more of a whale than I had convinced myself.

  6. Fortunatus Victorus says:

    A whale you almost got an instructed verdict on! –Think the ending of the Tennessee-St. Louis Super Bowl. Competitors don’t take consolation prizes, but way to make the prosecutor sweat, Mark!

  7. Mark Bennett says:

    Yep, if we’d been before a judge who had ever granted an instructed verdict, then this case might have been a real nail-biter.

  8. AHCL says:

    Back to the issue of double-strikes, I still think it happens a lot more than you think it does.

    So, please consider this my formal notice of “See! I told you so!”

  9. Mark Bennett says:

    One strike. One lousy strike. The prosecutor was just having an “off” day.

  10. Ron in Houston says:

    Mark

    You and AHCL – I know that you guys really respect one another but your public bickering is kinda funny.

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