Defending People

the tao of criminal-defense trial lawyering

Bad Judicial Behavior

| April 22, 2009

Dear Harris County judges: The following is a non-exhaustive list of conduct, engaged in by you or your staffs, that is likely to get you grieved: Telling defendants, “If you don’t hire a lawyer, you’re going to come back every day and stay until 11:30 until you hire a lawyer.” Telling defendants, “Go hire a [...]

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A Couple of Questions on Torture

| April 22, 2009

1. Israel can get by without torture. What’s wrong with us? 2. Isn’t “we will absolutely defend those who relied on these memos and those guidelines” too close to “they were just following orders” for comfort? 3. Pretending for the sake of argument that torture makes a country safer, would you rather live in greater [...]

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Arizona v. Gant

| April 21, 2009

Texas narcotics cops get an anonymous tip that someone is carrying drugs in his car. They call a cop in a marked unit to follow him. The uniformed cop watches for a traffic violation (changing lanes without signaling is popular). The uniformed cop stops the suspect, arrests him for the traffic violation, cuffs and stuffs [...]

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Why Someone Has to Go to Prison for Waterboarding

| April 21, 2009

Suppose that your boss has a lawyer, and you go to that lawyer for advice. You want to do something on behalf of your boss, and you want to make sure you’re not going to get in trouble with the law for it. The lawyer — either because he’s a lousy lawyer or because he [...]

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New Ideas at HCDAO? Unwelcome!

| April 20, 2009

Harris County Assistant District Attorney George Weissfisch, hours after giving notice, sent the following email to Pat Lykos, CCing all employees: This is part one of a six email series of my suggestions to improve the office. THE OVERWORKED #3s PROBLEMWe have never been able to fill the felony courts with #4s. Weissfisch solution: We [...]

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Dispatch from Rock Bottom

| April 20, 2009

One of the employees of R.W. Lynch whom I was a little bit tough on here filed a complaint against me with the State Bar of Texas. The State Bar dismissed the complaint. In her cover letter, our complainant claimed that I misquoted her, and that in 2 1/2 months at R.W. Lynch she never [...]

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The Defending People Contest Contest

| April 20, 2009

Jones McClure was kind enough to send me several copies of O’Connor’s Texas Criminal Codes Plus 2008-2009, edited by Mac Secrest, and O’Connor’s Texas Crimes and Consequences, edited by Todd Dupont (of Reasonable Doubt fame) to give away as Defending People schwag. Mac’s codebook is my briefcase reference of choice: Texas’s Code of Criminal Procedure, [...]

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Shame on You, Jeff Bezos.

| April 19, 2009

I was prepared to love my Kindle 2. I can buy books cheap from Amazon, upload my own content, and read it “as easily in bright sunlight as in my living room.”Except, um, no. Here’s how the Kindle 2 screen looks in shade. It’s okay, but I would wish for a much higher contrast between [...]

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TLC Alumni Blogs

| April 18, 2009

When I made my list yesterday of Trial Lawyers College alumni blogs: Eric J. Davis Paul Smith Jon Katz David Tarrell Chuck Peterson Remy Orozco Ed Stapleton I left off Collin County, Texas criminal-defense lawyer Tony Vitz, who recently started blogging, and Connecticut trial lawyer Norm Pattis, who has been blogging on and off forever, [...]

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New Houston Criminal Defense Lawyer Blog

| April 16, 2009

Houston criminal defense / civil rights lawyer Eric J. Davis has a new blog, Sustained!. Eric is an outstanding lawyer and a good friend. (He’s also a graduate of the Trial Lawyers College, as are Paul Smith, Jon Katz, David Tarrell, Chuck Peterson, Remy Orozco, Ed Stapleton, and someone else I’m unfortunately forgetting at the [...]

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