Defending People

the tao of criminal-defense trial lawyering

Yo Ho Yo Ho The Pirate’s Life For Me

| April 2, 2013

In a recent dis­cus­sion amongst criminal-defense lawyers about the mur­der of the Kauf­man County Dis­trict Attor­ney, and whether we would rep­re­sent the per­son charged with the mur­der (assum­ing that any­one ever is—my bet is that the mur­der­ers will never get caught, though a patsy may be), one of the brethren pre­dicted that who­ever took the […]

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The Relationship Card

| April 2, 2013

There were prob­a­bly criminal-defense lawyers before me who mar­keted them­selves as never hav­ing been prosecutors—who made a virtue, in the minds of poten­tial clients, of a lawyer never hav­ing put peo­ple in prison. It’s mar­ket­ing with the truth—helping the pub­lic under­stand that “for­mer pros­e­cu­tor” does not mean “good defense lawyer.” Recently a poten­tial client and […]

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“I really thought you were the real deal…”">I really thought you were the real deal…”

| March 23, 2013

After review­ing your web­site, I really thought you were the real deal. I didn’t ask for your opin­ion ear­lier Mark. [Link to arti­cle about rich guy’s 1990s bank­ruptcy.] Maybe if my dad had man­aged his risk more intel­li­gently, I wouldn’t have to steal. I can’t believe you refused to advise me. All I wanted to know is […]

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Is This How Kid Lawyers Think?

| March 18, 2013

Unem­ployed Kid Lawyer writes to small-firm-owning Young Lawyer (obvi­ously not me) after four on a Fri­day after­noon: I am a recent cum laude grad­u­ate of [third-tier law school], and write to express my inter­est in poten­tially join­ing your firm. A col­league of yours, [Some Friend], whom I met at a net­work­ing event, rec­om­mended that I […]

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Microsoft Word 2011 Bloated PDFs

| March 11, 2013

I’m doc­u­ment­ing this here in case some­one else has the same prob­lem. Today I wrote a ten-page response to a gov­ern­ment motion, and when I saved it (from MS Word 2011) to PDF for­mat it was over 5 megabytes—too big to be filed via ECF. Pok­ing around The Google, I found a sug­ges­tion that I […]

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Rand Paul Surrenders

| March 8, 2013

It’s good enough for Rand Paul: White House Press Sec­re­tary Jay Car­ney quoted from the let­ter that Holder sent to Paul today. “Does the pres­i­dent have the author­ity to use a weaponized drone to kill an Amer­i­can not engaged in com­bat on an Amer­i­can soil?” Holder wrote, per Car­ney. “The answer is no.” Paul said that was […]

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TCDLA’s Position on Reciprocal Discovery">TCDLA’s Position on Reciprocal Discovery

| March 5, 2013

Let­ter from Bobby Mims of Tyler, Pres­i­dent President-Elect of the Texas Criminal-Defense Lawyers Asso­ci­a­tion, to the spon­sor of Texas Sen­ate Bill 91 and his Chief of Staff: Sen­a­tor Rod­ney Ellis & Mr. Bran­don Dud­ley: I appre­ci­ate the time that you and Sen. Ellis invested in today’s analy­sis of the SB91. We the mem­bers of the Texas […]

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Why You Gotta Be So…Mean?

| March 4, 2013

My guy was tak­ing a five-year prison sen­tence, and had arranged for a few weeks to get his affairs in order. The deal was that if he didn’t show up on the appointed day the judge could con­sider the full (five-to-life) range of pun­ish­ment. He showed up late. The judge gave him six years. Me: Judge, is […]

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Prosecutor Exceptionalism

| March 1, 2013

Rob Kep­ple giv­ing a pep talk, under the guise of “ethics,” to the Har­ris County DA’s Office: Now let’s go back to my orig­i­nal anal­ogy because I really want to wrap this up and bring it around, because I really do think that it shows the dif­fer­ence between what we do every day as a […]

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SB 91">Reciprocal Discovery: Federal Rule 16 vs. Texas SB 91

| February 26, 2013

Grits for Break­fast asked, in a com­ment, “Do you find rec­i­p­ro­cal dis­cov­ery a hin­drance in your fed­eral cases? If not, what’s the dif­fer­ence?” Before I answer that, let me say that the fed­eral crim­i­nal jus­tice sys­tem should in no wise be con­sid­ered a model for other juris­dic­tions. Fed­eral court is a plea machine, in which […]

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