Defending People

the tao of criminal-defense trial lawyering

When in Doubt, Choose “D is Screwed”

| July 31, 2012

Sam­ple ques­tion for the Texas Board of Legal Spe­cial­iza­tion board-certification exam in crim­i­nal law:   Defen­dant Dil­lon com­mit­ted a bank rob­bery on Jan­u­ary 1, 2004. On March 3, 2005 he was arrested on an unre­lated state drug charge. Tired of being on the run, Dil­lon copped a plea on the state case and got 10 years TDCJ. […]

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Dionne Press, Helping Keep the Trains Running on Time

| July 30, 2012

The British guy charged with aid­ing his wife’s sui­cide and rep­re­sented by Dionne Press (who tried to get the DA’s Off­fice to file charges against me or grieve me for offer­ing to help him for free) has now been sit­ting in jail for 30 days. He is still charged with a class “C” (max­i­mum $500 fine, dischargeable […]

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Ten Years of Windypundit

| July 30, 2012

Some­thing about Mark Draughn of Windy­Pun­dit: I recently had a prob­lem in fed­eral court: my client had been ordered to pay resti­tu­tion for a bank rob­bery, and had been made jointly and sev­er­ally liable with his five coac­tors. After get­ting out of prison, he wanted to work hard and improve him­self. He paid off a […]

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Less Government! More Bacon!

| July 30, 2012

Crime and Fed­er­al­ism’s tagline: “Because every­thing I was ever told is a lie.” Scott Green­field recently gave us a reminder of the truth of the propo­si­tion in TWA Flight 800 Remem­bered. Green­field was one of the hun­dreds of wit­nesses who saw “what [he] thought to be a fire­work shoot from the water up toward the […]

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Same Continent, Different Worlds

| July 29, 2012

Here’s how this story ended in Canada: “It’s just a kid who made some bad choices. Crim­i­nal charges aren’t in the best inter­est for that kid,” Van Winkel told Now News, adding that police don’t believe the teen made a con­scious deci­sion to fight with the offi­cers. And here’s how it would have ended in […]

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Pass the Popcorn

| July 28, 2012

Let me sum up: Jim’s client is Paul’s client’s mis­tress.  Chip’s client is Paul’s client’s wife.  Jim’s client hires a hit­man to kill Chip’s client. After she is arrested, Jim’s Client claims that Paul’s client was in on the scheme. The case against Paul’s client is dropped after Jim’s client, via let­ter from jail, tries […]

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Puppets Without Puppeteers

| July 28, 2012

This opin­ion piece in the NYT by John Mon­terosso and Barry Schwartz doesn’t sup­port the con­clu­sions that the authors want us to reach: It is cru­cial that as a soci­ety, we learn how to think more clearly about causes and per­sonal respon­si­bil­ity — not only for extra­or­di­nary actions like crime but also for ordi­nary ones, like maintaining […]

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Defend Well and Prosper

| July 27, 2012

Other old busi­ness, from the archives… Kansas appel­late PD “S” writes at Preach­ing to the Choir: I don’t begrudge my col­leagues in pri­vate prac­tice from earn­ing a liv­ing and charg­ing a fair fee for their work. But it makes me angry to see clients forced to sell cars, homes, land, or what­ever else they can […]

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Loose Ends

| July 27, 2012

Since I sus­pended reg­u­lar blog­ging in favor of 928 repair, a cou­ple of my old sto­ries have needed updat­ing. In the case of Lesher v. Coyel, in which two lawyers were awarded $13 mil­lion by a jury for online libel, the trial judge threw out the ver­dict, granted a judg­ment for the defen­dants notwith­stand­ing it, and […]

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No Hero

| July 26, 2012

Long­time com­menter Thomas Grif­fiths writes, in response to my efforts to rep­re­sent, pro bono, the British guy charged with aid­ing his wife’s sui­cide: Hon­estly, I’m frig­gin baf­fled by one of my pub­lic heroes’ actions. My right brain, says it’s the right thing to do when a Real CDL learns of incom­pe­tence, while the left side […]

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