Defending People

the tao of criminal-defense trial lawyering

Friedman, Freedom, and Temporary Safety

| June 12, 2013

Thomas Fried­man is a boob. I worry about [another 9/11] even more, not because I don’t care about civil lib­er­ties, but because what I cher­ish most about Amer­ica is our open soci­ety, and I believe that if there is one more 9/11 — or worse, an attack involv­ing nuclear mate­r­ial — it could lead to […]

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Prosecutor Gives Good Advice; is Fired.

| June 7, 2013

From MySanAntonio.com: A Bexar County assis­tant dis­trict attor­ney has been fired fol­low­ing an inci­dent in which she was men­tioned in a friend’s dri­ving while intox­i­cated arrest report for advis­ing him not to sub­mit to a breath test. She’s also accused of badg­ing the arrest­ing offi­cer. And “P then told (him) to take a per­sonal recognizance […]

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What Was Roger Thinking? Five Hypotheses

| May 29, 2013

Chris Green, cho­sen to be a juror in a non-death cap­i­tal mur­der case in the 338th Dis­trict Court of Har­ris County, Texas, googled “cap­i­tal mur­der” before open­ing state­ments began, and didn’t like what he found. He decided that there was a “very real dan­ger of ret­ri­bu­tion” if the jury con­victed Amezquita of cap­i­tal mur­der and […]

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Andrew DeLuca’s Delusion

| May 27, 2013

Here’s baby lawyer Andrew DeLuca’s pitch: It is these peo­ple that have grown tired of your eso­teric legal posts, that we as attor­neys rep­re­sent. How do you rep­re­sent some­one effec­tively when you can not con­nect with them? The type of per­spec­tive that is only learned by life expe­ri­ence or life­times of expe­ri­ence and allows us […]

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SB187: Panic in Austin">SB187: Panic in Austin

| May 25, 2013

(tl;dr ver­sion: Texas pros­e­cu­tors think that only they know jus­tice; they want to take power out of the hands of the com­mu­nity; they intend to pass an uncon­sti­tu­tional law and apply it uncon­sti­tu­tion­ally ex post facto to do so; and they don’t care what lies must be told to get it done.) Texas’s capital-murder sen­tenc­ing scheme provides […]

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Lerner and Immunity: Dershowitz is Wrong

| May 23, 2013

Alan Der­showitz says that Lois Lerner can be held in con­tempt for tak­ing the Fifth in response to ques­tions asked by Con­gress after mak­ing prefa­tory com­ments about the same sub­ject mat­ter: “You can’t sim­ply make state­ments about a sub­ject and then plead the Fifth in response to ques­tions about the very same sub­ject,” the renowned […]

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Math is Hard: Fear is Not Danger

| May 14, 2013

A recent Gallup poll names the Hous­ton, Sugar Land, and Bay­town region among the least safe U.S. metro areas, accord­ing to res­i­dent con­fi­dence in the safety of where they live. Only 63 per­cent of those polled in the Hous­ton area responded that they felt safe walk­ing alone at night in the area they reside. * * * * * Compare […]

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Book Review and Giveaway: Mistrial

| May 12, 2013

When I got a copy of Mark Ger­a­gos and Pat Harris’s Mis­trial: An Inside Look at How the Crim­i­nal Jus­tice Sys­tem Works … and Some­times Doesn’t in the mail, I was primed to be either out­raged or bored. I’ve expressed my view of L.A. legal cul­ture and lawyers who rep celebri­ties qua celebri­ties before and clients who hire […]

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SB 834: The Star Chamber Bill">Texas SB 834: The Star Chamber Bill

| May 9, 2013

One of the few great virtues of Amer­i­can crim­i­nal jus­tice is that it is com­mit­ted in the light of day. Courts are open to the pub­lic, and generally—not always; anony­mous juries are becom­ing more com­mon, which iron­i­cally means that the ter­ror­ists have won—the accused gets to know who is judg­ing him. In any case, he […]

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Lawyernomics 2013

| April 23, 2013

Read Scott Greenfield’s clos­ing keynote address for Lawyer­nomics this week in Las Vegas. There’s a race to the bot­tom in lawyer online mar­ket­ing—“ultra-competitive busi­ness land­scape,”* as Lawyer­nomics huck­ster Avvo would have it—Lawyernomics is there to psych lawyers up for that race—using Yelp! Twit­ter! Google! Vir­gin America!**—and Green­field will*** exhort Lawyer­nomics atten­dees to go out there and […]

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