Defending People

the tao of criminal-defense trial lawyering

Andy Nolen: Total Fraud?

Fol­low­ing on from this post, this post, and this post:

I can’t swear to it, but I’ve heard that Andy Nolen has never tried a case to a jury. The Har­ris County Jus­tice Infor­ma­tion Sys­tem, JIMS, doesn’t show a jury trial for Andy Nolen in records of 342 cases going back to 2006.

Despite his not try­ing cases, Andy Nolen has clients that are happy with him. How?

Even a blind pig can find an acorn now and then.

In Har­ris County, the Blind Pig Dis­missal Rate (the per­cent­age of cases that are screwed up by the cops from the word “go”, so that an aver­age lawyer who doesn’t do any work beyond show­ing up in court can get them dis­missed) is about 15–20%.

I ran a JIMS report on one of the lawyers who received neg­a­tive reviews at the hand of Andy Nolen or his proxy, and found that 15 out of the most recent 50 of his cases resolved—30%—were dis­missals. (I picked him as a ran­dom rep­re­sen­ta­tive, and won’t use his name because he’d be embar­rassed, but his aver­age is not unusu­ally high.)

Out of the most recent 50 of Andy Nolen’s cases resolved, nine—18%—were dismissed.

That’s not above the BPDR, but being aver­age is okay, right? That’s also nine clients in less than a year with unam­bigu­ous rea­son to be pleased, right?

No and no. Look­ing a lit­tle closer, we see the following:

  1. Case num­ber 1608067: Dis­missed. Rea­son: other.
  2. Case num­ber 1609318: Dis­missed. Rea­son: Defen­dant con­victed other count.
  3. Case num­ber 1161273: Dis­missed. Rea­son: Defen­dant con­victed on another charge.
  4. Case num­ber 1135657: Dis­missed. Rea­son: Defen­dant con­victed on another charge.
  5. Case num­ber 1502703: Dis­missed. Rea­son: Defen­dant con­victed other count.
  6. Case num­ber 1496083: Dis­missed. Rea­son: Defen­dant con­victed other count.
  7. Case num­ber 1141280: Dis­missed. Rea­son: Defen­dant con­victed on another charge.
  8. Case num­ber 1496083: Dis­missed. Rea­son: Defen­dant con­victed other count.
  9. Case num­ber 1483062: Dis­missed. Rea­son: Defen­dant con­victed other count.

A dis­missal in exchange for a plea to another count isn’t as clearly a win for the client as an out­right dis­missal. Only 2% of Andy Nolen’s last 50 cases have been out­right dismissals—far below Har­ris County’s BPDR.

(Going back to my Ran­dom Rep­re­sen­ta­tive: I checked the first five of his recent dis­missals; none were dis­missed as quid pro quos for pleas in other cases.)

Clients are often happy with results other than dismissals—I’ve had clients happy to get felony pro­ba­tion, where prison was the alternative—but a Har­ris County criminal-defense lawyer who’s get­ting only 2% of his cases dis­missed out­right is not doing right by his clients.

(JIMS records are pub­lic; I wouldn’t write this with­out con­fi­dence that I would come out favor­ably in a com­par­i­son of my records on JIMS with either Andy Nolen’s or my ran­dom representative’s. With regard to this par­tic­u­lar stone, my house is built of steel-reinforced concrete.)

[Update: For more on Andy Nolen, see:
Hous­ton criminal-defense lawyer Paul Kennedy: I’m call­ing you out, Andy Nolen.
Hous­ton criminal-defense lawyer Cyn­thia Hen­ley: Think­ing about hir­ing Andy Nolen — let’s put it this way — you bet­ter shop around …
Miami criminal-defense lawyer Brian Tan­nebaum: In Hous­ton, Crim­i­nal Defense Lawyer Andy Nolen is the Best. Every­one Else Sucks.
Hous­ton criminal-defense lawyer Mur­ray New­man: When We All Agree
Hous­ton criminal-defense lawyer John Floyd: Hous­ton Attor­ney Andy Nolen: A Dis­hon­est Lawyer?
The Fur­ther Adven­tures of “Lawyer” Andy Nolen
The Con­tin­u­ing Adven­tures of “Lawyer” Andy Nolen
Andy Nolen: Total Fraud?
Andy Nolen: Today’s Last Chap­ter]

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About The Author

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

5 Responses to “Andy Nolen: Total Fraud?”

  1. Clay S. Conrad says:

    THis reminds me of the old Russ­ian joke:

    A farmer had one cow.

    His neigh­bor had two.

    This made the farmer hor­ri­bly, hor­ri­bly, jeal­ous. Every night he would pray for God to rec­tify this sit­u­a­tion. One day, God offered to grant the pious farmer his wish. “What,” God said, “would you have me do?”

    God, please, kill one of my neighbor’s cows.”

    Instead of earn­ing him­self a cow, Andy Nolen wants to kill the cows other lawyers have earned.

  2. Todd says:

    Sheesh, the guy put on his web­site resume that he was in the top 8% on his LSAT. That alone should grant him ass­hat of the year.

    Why not men­tion you were voted MVP of your T-Ball team while you’re at it?

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