Defending People

the tao of criminal-defense trial lawyering

Raises for Prosecutors and Defenders, or More Pork for Other Projects?

| August 18, 2008

Western Justice points out that the John R. Justice Prosecutors and Defenders Incentive Act of 2008 has been signed into law. I’m sure I’ve missed hoopla about this elsewhere, since there was lots of hoopla about it last May. Now that I have more than six readers, I’ll ask again the two multiple-choice questions that [...]

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A Little Sunday TJ

| August 17, 2008

“It [is] more dangerous that even a guilty person should be punished without the forms of law, than that he should escape.” –Thomas Jefferson to William Carmichael, 1788. “It [is] more a duty [of the Attorney General] to save an innocent than to convict a guilty man.” –Thomas Jefferson: Biographical Sketch of Peyton Randolph. “No [...]

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Everyday Incidents

| August 14, 2008

Not all cops lie. But if perjury is committed at the criminal courthouse, it’s likely committed by someone with a badge and a gun — that is, a law enforcement officer. There’s even a term of art for it among the law enforcement community: “testilying”. I see three reasons for this. First, statistically, cops testify [...]

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Tell Me Again Who the Victim of this Particular Crime Is?

| August 12, 2008

Beaumont, Texas police officer fired after an assistant chief finds out that, in the course of investigating of prostitution ring, the officer received oral sex a half-dozen or so times (and maybe “one ‘active coitus’”, according to his lawyer) with the approval of his supervisor and his wife. In Texas, “I’m a police officer” is [...]

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Naivete

| August 12, 2008

From Western Justice: If we are truly concerned about the guilty being punished and the innocent being let free, then why encourage one side to hide the truth from the other side? Is the system about winning more than it is truth? and (apropos of reciprocal discovery): I know that defense attorneys are immediately concerned [...]

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The Secret to Winning: Bennett-Style

| August 11, 2008

It all started with Gerry Spence’s The Simple Secret of Winning post. Manhattan Paladin Scott Greenfield was inspired to make fun of Spence’s formula for winning. Connecticut public defender Gideon, in turn, was inspired to post his secret to winning: “Knowing your rear from your face, or, preparation.” Even better, he made it a meme, [...]

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Bad Cop! No Donut!

| August 7, 2008

Johnson County, Tennessee Sheriff’s Deputy Starling McCloud (on the left, in the khaki uniform and the gay-leather-bar moustache) thinks that it’s a crime for a citizen to take a photograph of a police officer. (This photograph was taken by the arrestee’s 12-year-old daughter after he tossed the offending iPhone to her.) (H/T Missouri Criminal Defense [...]

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Dialing for Defense Dollars

| August 7, 2008

I just got a telephone call at the office from someone asking me for a campaign contribution for the judge of a Harris County district (felony) court, before whom I occasionally practice and before whom I have a case right now. This has never happened to me before. I don’t know if it’s happening now [...]

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Scott Greenfield Blogs Mimi Coffey

| August 5, 2008

Brother Scott Greenfield, New York criminal-defense lawyer, got some telephonic feedback from Fort Worth (not British) criminal defense (not family) lawyer Mimi Coffey over his colorful word choice in a February post about her appearance on Fox News to talk about some British family law case. Scott responded to Mimi’s call, in the best traditions [...]

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Jury Trials Blowing Away

| August 4, 2008

Today’s robbery jury trial went away because the alleged complaining witness signed an affidavit yesterday swearing that my client hadn’t robbed him (he also swore that he had told the prosecutor the same thing, but the prosecutor claims otherwise). Tomorrow’s DUI jury trial in Harris County is going to be put off because jury call [...]

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