Defending People

the tao of criminal-defense trial lawyering

The Total Refusal

| April 7, 2011

I was making an appearance on a first DWI. My client had declined to participate in the cop’s agility exercises (also known as “field sobriety tests”), both at the scene and at the station. The cop claims that at the scene my client showed signs of intoxication, but on the video from the station my [...]

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In Your Face, Brett Ligon!

| March 25, 2011

Colorado District Attorney Carol Chambers, who AmJured in ethics, has done Montgomery County’s Brett Ligon (edit: and Harris County’s Pat Lykos) one better: she “is offering financial incentives for felony prosecutors who meet their goals for conviction rates at trial.“ “It is hard to find performance standards by which to measure trial attorneys,” Chambers explains [...]

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There’s Always a Prosecutor

| September 28, 2010

Mike (Crime and Federalism) writes: I blog about prosecutorial misconduct more than anyone else. People are too busy creating Twitter norms. Because criminal lawyers should be more worried about whether some moron is duping lawyers into signing marketing contracts. (!) Fair criticism? Possibly. In the scheme of things, whether prosecutors are cheating and putting people [...]

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Kenneth R. Kratz: “The Prize”

| September 16, 2010

Elected Republican Calumet County, Wisconsin District Attorney Kenneth R. Kratz got caught texting the complainant in a domestic-violence assault case. He was prosecuting her ex-boyfriend while trying to get into her pants. Im serious! Im the atty. I have the $350,000 house. I have the 6-figure career. You may be the tall, young, hot nymph, [...]

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Thanks, Snake

| July 9, 2010

"Watch this, Mark. I'm going to lie to the judge just to show you that I can." That's not exactly what she said. This morning The Snake was seeking a delay of the trial (set next Monday) of a case in which she's prosecuting a client of mine. This was her second motion for a [...]

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Blog à Clef, for Now.

| July 9, 2010

I am sorely tempted today to write about The Clown and The Snake—the incompetent, biased judge and the lying prosecutor—and use their names, creating a permanent googleable record. There would be good in it. The voters should know about The Clown, and if he knew that his hijinks might be published, it's not unimaginable that [...]

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Why Prosecution? Be Realistic.

| July 2, 2010

Law student Laura McWilliams, blogging at Really? Law? (go ahead and add it to your feedreader now—done?—great), writes here and here about the thought process that has her leaning toward an eventual job prosecuting people. From the first post: In an idealist vision, (let’s just go with it; there’s nothing wrong with a little idealism) [...]

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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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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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