Defending People

the tao of criminal-defense trial lawyering

Why Federal Court is No Place for Amateurs

| November 16, 2009

If I were to pick one U.S. District Judge from the Southern District of Texas before whom one should not appear pro se, it would be David Hittner: (I’m guessing Judge Hittner wants to get the parties before him to see if the plaintiff can control his temper better in person.)

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The Motion to Recuse

| November 13, 2009

From the State’s Motion to Recuse Judge Helm from all family violence cases: Due process requires recusal when “there is a serious risk of actual bias—based on objective and reasonable perceptions.” and This bias should not be allowed to interfere with the State’s due process rights in a manner that infects “the integrity of the [...]

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The Motion to Recuse

| November 13, 2009

From the State’s Motion to Recuse Judge Helm from all family violence cases: Due process requires recusal when “there is a serious risk of actual bias—based on objective and reasonable perceptions.” and This bias should not be allowed to interfere with the State’s due process rights in a manner that infects “the integrity of the [...]

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Prosecutors: Please Be More Careful

| November 13, 2009

I, [name of prosecutor], the undersigned Assistant District Attroney, do hereby certify that a true and correct copy of the foregoing document was served on the attorney for the Defendant by certified mail on 11/10/09. [signed] When you sign a certificate of service it is supposed to be true. If you file a document with [...]

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Tyler Flood Postscript

| November 10, 2009

Houston DWI lawyer Tyler Flood made an irresistible target of  himself by running his mouth to the Houston Press, and I was unable to resist. Whoever writes blog posts under his name at his blog managed (inadvertently, I hope) to string Christmas lights around the target by comparing him to Andy Nolen and accusing me [...]

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Your Witness . . . No, Not Literally

| November 10, 2009

After the shot across his bows, the Harris County DA fires a broadside at Judge Reagan Cartwright Helm, asking him to recuse himself from all cases involving accusations of domestic violence (Brian Rogers, Chronicle). If Judge Helm recuses himself in response to these motions, or if Administrative Judge Olen Underwood recuses him, it might be [...]

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Comment Bug?

| November 9, 2009

If you tried to leave a comment in the last couple of days and it didn’t post, please try again or leave a comment here. I had installed the Subscribe to Comments plugin, and I think it might have broken commenting.

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In Favor of Lawyer Exceptionalism

| November 8, 2009

Avvo’s general counsel Josh King proposes this rule for the regulation of lawyer marketing: Ultimately, in the absence of consumer harm – and, indeed, a crystal-clear fit within the law’s prohibitions – states should never find that lawyer marketing practices violate their rules. Josh’s reasoning is Constitutional—I gather from his post that the First Amendment [...]

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Waaaahhhh. Mine Hurts Too!

| November 7, 2009

Carolyn Elefant details the defense of three of the “persecuted” Connecticut Total Bankruptcy lawyers. I don’t know that “persecuted” is the right word to use to describe people who face possible punishment for something they did—let’s be blunt—out of avarice. But okay.

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Everything Old is New Again

| November 7, 2009

Austin criminal-defense lawyer Jamie Spencer talked to a parent whose son’s DWI lawyer promised, at the first meeting, a 99% chance of getting the case dismissed. I guess that’s a problem we should expect to come up over and over again.

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