Defending People

the tao of criminal-defense trial lawyering

Another Dispatch From Mr. X

| February 15, 2011

From my source in the Harris County DA’s Office, Mr. X: From: “Jordan, John” <JORDAN_JOHN@dao.hctx.net> Date: February 15, 2011 11:19:24 AM CST To: “Misdemeanor Division” <MisdemeanorDivision@dao.hctx.net> Cc: “Bridgwater, Roger” <BRIDGWATER_ROGER@dao.hctx.net>, “Evans, Catherine” <EVANS_CATHERINE@dao.hctx.net> Subject: Trial Competitions We are now six weeks into the new year and I wanted to announce some Trial Competitions.

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Meet Carl

| August 11, 2010

Every now and again some young criminal-defense lawyer on some listserv will suggest that we criminal-defense lawyers should "set everything for trial." If we set everything for trial, the theory goes, either the government becomes much more reasonable in the cases it charges and the offers it makes, or the system crumbles under its own [...]

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Harris County DUI/DWI DIVERT Agreement

| January 5, 2010

None of my DWI clients have yet accepted the Harris County DA’s “DIVERT” program, but I had one client who was considering it, so I acquired a copy of the standard DIVERT agreement. After reading the agreement, she decided to go to trial. Maybe having a copy of the agreement will help someone else trying [...]

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Rescheduled From This Thursday

| December 23, 2008

In yet another attempt at morale-building, Pat Lykos is ordering every Harris County assistant district attorney to attend her swearing-in ceremony on January 1, 2009. January 1, 2009 is a county holiday. Does anyone remember the boxing video game from the ’80s? You’d hit your opponent, and the machine would say “body blow! body blow!” [...]

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Look on the Bright Side: This Way You Can Do It on the Clock

| November 25, 2008

Down at the criminal courthouse, the prosecutors are hard at work: updating their résumés. All Harris County Assistant District Attorneys, from the lowliest misdemeanor four to the most entrenched division chief, have been told by the incoming management to do so. (I couldn’t make this stuff up.) Wow! That’ll be great for morale! I will [...]

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C.O. Bradford on Reasonable Doubt

| October 16, 2008

Harris County D.A. Candidate C.O. “Brad” Bradford will be appearing on HCCLA’s Reasonable Doubt television show with Todd Dupont and Tate Williams this evening from 8 to 9 p.m. on Comcast Channel 17 in Houston. Call in with your questions for Brad.

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You Know Your Organization is in Trouble When . . .

| August 25, 2008

. . . you have your HR officer send out a bulk email explaining the procedure for resigning: From: Walker, Gale Sent: Wednesday, August 13, 2008 4:31 PM To: All DA Employees Subject: Resigned Employees… Friendly Reminder… Re: Letter of Resignation All Employees of the Harris County District Attorney’s Office (including Summer Paid Interns) are [...]

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The One-Witness Rule

| July 17, 2008

One question that prosecutors in Harris County are overly fond of asking jurors is this: If we only present one witness, but based on that witness's testimony you believe beyond a reasonable doubt that the defendant is guilty, can you convict him? The prosecutors then gleefully challenge, for cause, all of the jurors who say [...]

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I Leave the Punchline Writing to You

| May 30, 2008

The Chronicle’s Allan Turner sure knows how to write a straight line: Alarmed by a 4-foot rat snake found in a janitor’s closet, wildlife experts Thursday searched the Harris County Criminal Justice Center’s fourth floor for signs that more reptiles had infested the headquarters of the district attorney’s office.

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For a Public Information Office

| May 12, 2008

Napoleon’s Third Rule of Infantry Combat, per Terry MacCarthy: When your enemy is in the process of destroying himself, do not interfere! In light of that, I’m tempted not to comment on the Harris County DA’s proposed creation of a Public Information Office to serve as the “face and voice” of the Office. The Chronicle [...]

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