Defending People

the tao of criminal-defense trial lawyering

Small Lesson

| July 30, 2010

At the request of a colleague out of state, I put the call out on a Texaswide criminal defense listserv for the names of some lawyers who would be good to handle a felony drug case in a faraway Texas small town. As the “I can handle those” responses came rolling in, I realized: that’s [...]

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A(n Ex-)Prosecutor’s Principles

| July 26, 2010

Quoth Vincent Bugliosi, in a comment posted by John Kindley: ‘Everyone is entitled to be represented by an attorney’ is the idealistic chant often recited by defense attorneys as justification for representing even the most vicious criminals in our society. The concept is unassailable, but idealism is rarely what motivates lawyers who represent guilty defendants. [...]

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PSA: The Left-Turn Yield

| July 26, 2010

When you come to an intersection with a sign like this. . . . . .and you want to make a left turn, and the light is green, do not wait behind the stop line for a break in the oncoming traffic. Instead, pull forward into the intersection. If there is another left-turn-yield lane in [...]

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The Meat of the Coconut: Yet Another Aspiring Victim

| July 25, 2010

From the mailbag: Apparently because she wanted me to comment on it, someone named Leslie Brodie (“religious leader in the community“) sent me a copy of a grievance she filed against California Supreme Court Justice Marvin Baxter. In relevant part: When asked to express an opinion concerning the qualifications of Justice Cantil-Sakauye, Justice Baxter resorted [...]

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Business Plan: Never Lose

| July 23, 2010

Back in March (sometimes posts percolate for a few months before bubbling to the surface) Norm Pattis wrote something about about Gerry Spence that caught my attention. I recall years ago his complaining that he could not get into court. His cases kept settling. I offered him a chance to come on board in a [...]

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A Legal Irony—Federal Firearms Law

| July 19, 2010

For my fellow law geeks: 18 USC §921, which defines terms for federal firearms crimes, defines a conviction of a “crime punishable by imprisonment for a term exceeding one year” in terms of state law, so a Texas deferred adjudication probation for a felony is not a conviction, and does not bar firearms possession. §921′s [...]

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10 Practical Rules for Dealing with the Borderline Personality

| July 16, 2010

I get to deal with a whole lot of crazy at work. The following rules are applicable to lots of flavors of crazy, but I've had a heavy dose of borderline personalities lately. So here are my ten rules for dealing with borderline personalities and other crazy people: If you don't have to deal with [...]

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Texas’s Non-Sex Sex Registration Offenses

| July 16, 2010

I started writing the list that follows just to wrap my head around the array of offenses that can result in sex offender registration in Texas (with more coming every legislative session). While I was writing it, though, (11)-(13) jumped out at me: unlawful restraint, kidnapping, and aggravated kidnapping are sex-offender-registration offenses if they are [...]

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Sparta Townson, “Internet Guru Girl”

| July 15, 2010

I've known Sparta Townson for years, since she was Sparta Komissarova with Martindale-Hubbell / Lawyers.com (in unholy alliance at the time with LexisNexis). I may have done a little business with her for a little while, and then stopped. There were no hard feelings, but she was a salesperson, and she wasn't selling anything I [...]

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Something We Learned at City Hall

| July 14, 2010

Yesterday when HCCLA went to Houston’s City Hall, we learned (because the Mayor told us) that the City of Houston is working on separating the crime lab from the Houston Police Department. This was a surprise to me; it’s excellent news.

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