Defending People

the tao of criminal-defense trial lawyering

The UCC: Ban it Fully, or Not at All.

| June 30, 2009

I got a letter from a Texas prison last week: contraband had been confiscated from an inmate (not a client) after arriving in an envelope with my return address on it. The contraband was described as “two UCC Packets.” After dashing off a cross letter to the warden about people using my return address to [...]

Share

Justice vs. The Law

| June 27, 2009

Defending People reader “Ryan”, writing at Plain Error, the official blog of the Innocence Project of Florida, responds to my “Law and Justice Explained.” post: As someone with the status just above armchair philosopher (disclosure: I will be attending graduate school for a PhD in philosophy in the fall), I have a few words on [...]

Share

Law and Justice Explained.

| June 25, 2009

I just stumbled upon this, in comments to a long-ago Ann Althouse post: One of the most annoying things about lawyers is the way they casually conflate “law” with “justice.” To clarify: justice is a concept in philosophy; also to some extent in psychology, sociology, economics, etc. Law is what a bunch of mostly long-dead [...]

Share

Fifteen Books for Becoming a Better Criminal Defense Trial Lawyer

| June 25, 2009

At Illinois and Missouri lawyer Evan Schaeffer’s Trial Practice Tips Weblog, Evan has a link to an Amazon list of 16 Books to Read if You Want to Become a Better Trial Lawyer by Dallas Government lawyer Shane Read. Shane’s list includes Gerry Spence’s How to Argue and Win Every Time, Posner’s How Judges Think, [...]

Share

The Hair in the Food, and Jury Selection

| June 25, 2009

A few rules from growing up Bennett: Never lose altitude unnecessarily. Slow, slow. Look, Look. Never pass up a chance to relieve yourself. Don’t let too much small stuff pile up (this is the companion rule to the more widely known “Don’t sweat the small stuff” and “It’s all small stuff”). There’s always a hair [...]

Share

Two Legislators, One Cup.

| June 24, 2009

Bryan, Texas criminal-defense lawyer Stephen Gustitis (The Defense Perspective) is representing a guy charged with harassment for making an “obscene” comment in a written communication (artist’s depiction follows):

Share

Keep the NPMSRP Alive!

| June 24, 2009

The National Police Misconduct Statistics and Reporting Project . . . devoted to solving [the lack of information about police misconduct] by gathering information about reported incidents of police misconduct across the US, analyzing and compiling statistics based from several sources, and then publishing the results of all this information in a reader-friendly way in [...]

Share

Woody: Diddy?

| June 19, 2009

I’ve watched the video, and I don’t know if he did it. Maybe he, like so many of my clients, is the victim of a false accusation, betrayed by the criminal justice system. Maybe he was just running his hand along the side of the car feeling the damage that someone else had done.But (please [...]

Share

Federal Criminal Defense Lawyers: How We Doin’?

| June 16, 2009

Today I saw “Edwin” in court. Edwin is a longtime criminal-defense lawyer, a former assistant federal PD, and one of my criminal trial advocacy professors at University of Houston law school. Edwin represented a codefendant in my first jury trial 12 years ago, and his client’s testimony sent my client to prison for 9 years [...]

Share

Cop Blogs

| June 14, 2009

I’ve added a section to the blogroll for cops’ blogs. You wouldn’t guess it from reading offense reports, but some of these guys can write. If you got stopped….you deserved itA motorcycle cop. Officer “Smith”: Thoughts From Behind the BadgeA California cop. The LawDog FilesA Texas cop, but not an enemy of the Fourth Amendment. [...]

Share

Bad Behavior has blocked 3281 access attempts in the last 7 days.