Defending People

the tao of criminal-defense trial lawyering

Two Things to Read Today

| December 30, 2009

When I met Norm Pattis in Wyoming in ’99, I knew: here is another lawyer smarter than me. If you’re a criminal-defense lawyer, or if you want to be a criminal-defense lawyer, read Norm’s terrific Another Year in the Trenches. Jeff Gamso’s is, hands down, the best new criminal law blog of 2009. After you [...]

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A Job for Fools (and Other Humans)

| December 28, 2009

When I was 25, I was a fool. In this I am far from alone—most, if not all, 25-year-olds who went directly from high school to college to law school are fools. Wisdom requires understanding, and understanding (as opposed to knowledge) comes only from experience of a type not provided by formal education. Fortunately for [...]

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Fake Edmund Burke Was Wrong

| December 24, 2009

Some folks like to “quote” Edmund Burke on evil: The only thing necessary for the triumph of evil is for good men to do nothing. Aside from the fact that the quote is quite bogus (see the link), it’s wrong. In order for evil to triumph, it is not sufficient that good people not act; [...]

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New Podcast: Interview with Jim Belanger

| December 22, 2009

Today, in my second podcast, I interviewed Phoenix white-collar defense lawyer Jim Belanger about the goings-on in Maricopa County with County Attorney Andrew Thomas, Sheriff Joe Arpaio, and lawyers rallying in front of the courthouse. Interview with Phoenix Lawyer Jim Berlanger

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This Might Cost Him the Chosen Vote

| December 21, 2009

Harris County Civil Court at Law Number 1 Judge R. Jack Cagle sent out this Christmas card, paid for with campaign funds:I’m not on Cagle’s Christmas list, but a civil-lawyer friend passed the card on to me, commenting, “Usually when a judge thinks I’m unwise, it’s because of my lack of legal skills, not because [...]

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That’s What They’re Paying Him For, For One Thing

| December 18, 2009

“Her character is irrelevant,” Androphy said. “The fact that he met with her, the fact that he’s a judge in the court, she was a defendant on trial and they were planning to go out and potentially engage in a sexual affair makes him guilty. Period.” That’s Houston criminal-defense lawyer, and ABC affiliate KTRK-13′s legal [...]

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Maybe We Can Fix It At The Auto De Fe

| December 17, 2009

Nobody could possibly have predicted way back in August that Pat Lykos’s failure to seek outside counsel to prosecute Don Jackson, a misdemeanor judge before whom she had appeared (through her assistants) every court day since January, and before whom she may have to appear again every court day until one of them leaves office, [...]

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Does Daniel Barrera Want To Ruin Defendants’ Lives?

| December 15, 2009

If he does, the State Bar doesn’t mind. First, a story: the Texas Legislature amended section 38.12 of the Texas Penal Code, entitled, “Barratry and Solicitation of Professional Employment,” in September. The former statute had been held unconstitutional by Judge David Hittner in Moore v. Morales, John Cornyn had opined formally as Texas AG that [...]

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Bringing the Light to Maricopa

| December 12, 2009

For millennia people have beaten drums, rung bells, and lit bonfires on the Winter Solstice to frighten away the darkness. Maricopa County, Arizona has been suffering from a darkness in which the evil of tyranny thrives; in a 21st Century revisitation of ancient traditions, The Lawyers Of Maricopa County Announce A December 21st Rally against [...]

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Why Do Maricopa County’s Voters Hate the Constitution?

| December 12, 2009

In response to Why Maricopa County Matters, in which I wrote, Sheriff Joe is what we get when we leave our form of government, rather than just the people serving us in it, up to the scared white Republicans. His conduct, and his reelections, are proof that the voters of Maricopa County do not love [...]

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