Defending People

the tao of criminal-defense trial lawyering

Rescheduled From This Thursday

| December 23, 2008

In yet another attempt at morale-building, Pat Lykos is ordering every Harris County assistant district attorney to attend her swearing-in ceremony on January 1, 2009. January 1, 2009 is a county holiday. Does anyone remember the boxing video game from the ’80s? You’d hit your opponent, and the machine would say “body blow! body blow!” [...]

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Justice vs. Fairness

| December 22, 2008

Illinois criminal-defense lawyer Jeremy Richey asks, “is it ethical to plead not guilty” when you know that you are factually guilty? He (being a criminal-defense lawyer) gets the answer right, of course: no [edit: duh, yes]. But I’ve been thinking: in addition to the fact that any boob who has ever sat through an episode [...]

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Because Sometimes We Buy Our Own Bullshit

| December 20, 2008

In the comments to Murphy’s Law of Investigation we had a little discussion of what a lawyer should do when his client maintains his factual innocence, and he discovers that there is evidence that, if analyzed, could either confirm that factual innocence or conclusively disprove it. Renaissance man Joel “JDog” Rosenberg wrote of a hypothetical [...]

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Big Trouble Only

| December 19, 2008

A few rules for those looking to hire a criminal-defense lawyer to represent them in Houston: If you’ve been arrested for a felony, and you don’t think you’re in at least $10,000 worth of trouble, please call someone else. Some cases are going to cost a lot more than $10,000 to defend. No felony charge [...]

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Georgia Wants to Kill

| December 19, 2008

When the government wants to stick a needle in a human being’s arm and inject chemicals into his body until he’s dead, is it too much to insist that they be able to convince 12 other human beings, selected in a process that is fair to the government, that a) the person will be a [...]

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Texas Online Solicitation of a Minor Statute Overbroad

| December 19, 2008

A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally communicates in a sexually explicit manner with an individual who represents himself or [...]

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More on Mark Sandoval

| December 19, 2008

Rick Casey researched Mark Sandoval’s disciplinary record back in October of last year (when he was representing Elizabeth Shelton’s mother). Sandoval has been sanctioned four times by the State Bar of Texas. The least serious was failing to show up for four successive trial settings for a client. The most serious involved submitting a voucher [...]

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More Trial Music

| December 19, 2008

More trial music: Greg Trooper’s Perfect World, also from his Noises in the Hallway CD. Best line ever: “I’m not the prince of darkness; tonight I am its king.” Buy the album. Then buy every other Greg Trooper album. Then buy everything by Slaid Cleaves and Eric Taylor. Impossible to go wrong with these singer-songwriters. [...]

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For Your Listening Pleasure

| December 19, 2008

Greg Trooper’s Pirate’s Life, from his Noises in the Hallway CD. Trial music!

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Criminal Defense Chat with Scott Greenfield

| December 19, 2008

Here is an interview with Scott Greenfield that I recorded a couple of months ago. CharonQC’s interview of Brian Tannebaum inspired me to try to put it on line. Let’s see if it works, shall we? [audio:http://dl.getdropbox.com/u/24606/In_the_can/01_DP_Podcast_001_guest_Scott_Greenfield.mp3]

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