Defending People

the tao of criminal-defense trial lawyering

The New Kids on the Blawck

| April 21, 2010

One of the highlights of the year, in my itinerant childhood overseas, was the end of summer, when the new kids arrived—in high school at AES in New Delhi, maybe 20% of the 150 students were new each year. It was an exciting time, full of possibility for new friends, and it never disappointed. I [...]

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Use Immunity and Perjury

| April 20, 2010

It is commonly said among criminal lawyers of all stripes that “there can be no immunity for perjury” or “you can’t take the Fifth for perjury.” What does it mean? Clearly, a witness can’t use immunity as cover for lying on the stand. So false testimony given under a grant of immunity is and should [...]

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Clearing Criminal Records in Texas

| April 18, 2010

(The reason for this post is that nondisclosure and expunction are simple enough that lawyers, at least, should get the facts right, and they don’t. I do not seek more clients who want to clear their criminal records, so I will probably regret posting this—lookie-loos and wannabe clients will ignore this disclaimer and call me [...]

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What’s Wrong With This Picture?

| April 14, 2010

From an offense report: On this date investigator spoke to [prosecutor] and asked him if it was still okay to speak to the suspect at the county jail even if his attorney had faxed over a letter reminding investigators that he is representing the suspect and reminding investigators not to speak to the suspect without [...]

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The Presumption of Innocence in Harris County

| April 8, 2010

But the issue of the defendant’s innocence must be resolved at the guilt stage of trial, not by the trial judge at a pretrial hearing. Judge Fine has demonstrated his favoritism toward the defendant in this case by implicitly making that determination prior to trial. And he reiterated his assumption that the defendant was innocent [...]

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Jack Marshall, the Elmer Gantry of Ethics

| April 8, 2010

Ethics “expert” Jack Marshall conceded that he was wrong about Eric Turkewitz’s April Fools’ Day hoax. Which was good. Better, I thought, to sometimes be wrong and realize it than always to be right. A very simple apology should have followed: Dear Mr. Turkewitz, I was wrong. I screwed up. I have no idea what [...]

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The Tip of the Iceberg

| April 7, 2010

I’ve now heard about two Republican criminal court judges telling other judges that they will not give court appointments to criminal-defense lawyers who are running for other Republican criminal court judges’ benches. It’s unattributable at this point, but my sources are credible and have provided information in the past that has turned out to be [...]

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No, Jack, That Blog Post Doesn’t Make Your Butt Look Fat

| April 6, 2010

[L]awyers like Turkewitz are forbidden by their ethics rules (Rule 8.4, to be exact) from engaging in intentional misrepresentation or dishonesty, and there is no April Fool’s Day exception. They didn’t have a thing, didn’t lay a glove on me, although they appear to think they did. What the collected protests, rationalizations and insults (to [...]

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Motion to Recuse in John Edward Green Case

| April 1, 2010

The State has moved to recuse Judge Kevin Fine from the Green case. You saw it first here: State’s Motion to Recuse Judge Fine from Death Penalty Case I haven’t analyzed the motion closely (and, truth be told, I probably won’t unless someone wants to pay me to), but one part of the argument seems [...]

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And The Trail Has Its Own Stern Code

| April 1, 2010

There wasn’t a breath in that land of death, and I hurried, horror-driven,With a corpse half hid that I couldn’t get rid, because of a promise given;It was lashed to the sleigh, and it seemed to say: “You may tax your brawn and brains,But you promised true, and it’s up to you to cremate those [...]

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