Defending People

the tao of criminal-defense trial lawyering

The End of an Era?

| October 17, 2009

Houston DWI defense lawyer Todd Overstreet got the State to agree to a motion for new trial for a client who had pleaded guilty on September 14th to two counts of criminally negligent homicide (a class A misdemeanor State Jail Felony—thanks, TY) for deaths of a Houston couple in a traffic accident. Todd is being [...]

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The Jew With a Gun Next Door

| October 17, 2009

A couple of years ago (!) I wrote about mapping the blogosphere as a metaphorical space, with proximity measured by commonality of interest as represented by mutual links. Today New York criminal-defense lawyer Scott Greenfield has a nice profile today of one of our virtual neighbors, Minneapolis renaissance man Joel “Jdog” Rosenberg. Not a lawyer, [...]

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The Media

| October 16, 2009

I got to deal with Channel 2, Channel 11, Channel 13, The Houston Chronicle, and Channel 26 this week. One one case, I gave the first four the choice of getting video of my client and me walking to or from court, or getting a statement from me. They chose the pictures. I can’t really [...]

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I Confess, I Get All My Pop Culture From Randazza

| October 16, 2009

Boy, is this guy a lousy liar: (h/t Legal Satyricon.)

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David Martin, Willingham’s Trial Lawyer, Speaks Up (Updated With New Links)

| October 16, 2009

Cameron Todd Willingham’s trial lawyer, David Martin, on Anderson Cooper yesterday. Awfully defensive for a guy who thinks he is right. Repeated highlights: “You pour lighter fluid on a carpet and set it on fire, it looks just like those pictures.” (We’re not much on the scientific method here in Texas.) “I have been a [...]

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Injustice Through Ignorance

| October 14, 2009

Texas Governor Rick “Goodhair” Perry says that Cameron Todd Willingham is a “monster” and a “bad man” who murdered his children (Houston Chronicle). He is convinced that Willingham was guilty of his crime. That’s good enough for me. If the Governor of Texas says someone is a monster, then dadgummit he’s a monster. Why is [...]

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Waiving Conflict II

| October 14, 2009

From the comments to my post on Waiving Conflict of Interest: Of course, sometimes it’s a prisoner’s dilemma.Both clients have a good chance of winning if neither cooperates.If one cooperates against the other, both clients will certainly lose — one more than the other.The government plays divide and conquer, trying to intimidate one into losing [...]

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Waiving Conflict of Interest

| October 13, 2009

Recurring newbie lawyer question on criminal defense listservs: “Does anyone have a conflict of interest waiver form they can share?” (A little background for the nonlawyers: a lawyer is to represent her client’s best interests. Each client has his own best interests. A lawyer can’t choose between one client’s interests and another’s; she must serve [...]

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Referrals

| October 12, 2009

I’m careful about who I refer potential clients to. The referral reflects on me, I think, and I would rather leave someone to find a lawyer on his own than refer him to a lawyer who isn’t going to do an excellent job on his case. In Texas, I have a good list of criminal-defense [...]

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I Wish I’d Said It

| October 8, 2009

Believe it or not, sometimes criminal defendants have a serious lack of judgment, reason and/or common sense. Some even possess what might be considered a reckless disregard for what’s in their best interests. (Not my clients, mind you, but I’ve noticed that other criminal-defense lawyers seem to represent people who are a mess.) Todd Taylor, [...]

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