Defending People

the tao of criminal-defense trial lawyering

Pat Lykos: Wrong Once More

| March 3, 2011

University of Houston law professor Jordan Paust, who reviewed the bilateral treaty between the U.S. and Nigeria this week, said it includes a long list of offenses for which a suspect is subject to extradition, including manslaughter. But the treaty does not specifically include the offense of reckless injury to a child or child endangerment, [...]

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Briefs in Texas v. Green Mandamus

| December 22, 2010

Here are three briefs filed today in State ex rel Lykos v. Fine, the mandamus proceeding in the Texas Court of Criminal Appeals arising out of the defense’s efforts to show that there is an unreasonable risk that a factually innocent person will be executed, in violation of the Eighth Amendment. First is the defense’s [...]

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Mandamus in Texas and the Green Case

| December 22, 2010

[M]andamus relief is available only when the relator can establish two things: first, that no other adequate remedy at law is available; and second, that the act he seeks to compel is ministerial. An act is ministerial “when the law clearly spells out the duty to be performed … with such certainty that nothing is [...]

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Brickbats for Lykos

| October 7, 2010

The Houston Chronicle went out of its way to praise Pat Lykos for “promising to investigate the suicide of a young boy whose parents claim he was the victim of intense bullying at his school”; the newspaper ignores the opportunity cost of fulfilling this publicity-happy promise. Huh, what? asks the Chronicle’s editorial board. Opportunity cost? [...]

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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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The Trace Experiment

| December 10, 2009

In response to the Houston Police Department’s concerns that the DA’s new policy of not charging <10mg controlled substance cases as felonies, but rather as Class C misdemeanor paraphernalia cases, will result in their not being able to pad their statistics with felonies that require little work result in a rise in the sort of [...]

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Schmomises

| November 4, 2009

As I understand it, the Harris County Commissioners Court has started approving all DA Office hires by name. So if Pat Lykos wants to hire Joan Schmo to be a Misdemeanor 4, she has to get Joan’s hiring on the Commissioners Court agenda and get the court to vote on it at a monthly meeting. [...]

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Pretrial Diversion for DWI

| June 4, 2009

In Harris County, Texas, between January 1, 2009 and May 31, 2009: 3,166 DWI defendants pled guilty or no contest. 1 defendant pled not guilty to the judge and was convicted. 38 people pled not guilty to juries and were convicted. 22 people pled not guilty to juries and were acquitted by jury verdict. 6 [...]

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DA’s Office Does Right

| May 7, 2009

From UH Law professor David Dow: In December 2008, Mariano Rosales obtained federal habeas relief on a Batson claim.  The district court found that race had improperly influenced the prosecution’s decision to strike at least three jurors.  The attorney general elected not to appeal. Rosales was convicted in connection with a tragic shooting in 1985.  [...]

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A Quick Study

| March 27, 2009

From Houston’s Fox 26 News: Pat Lykos regrets using the word “incompetent.”

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