Defending People

the tao of criminal-defense trial lawyering

The Declaration of Independence

| July 3, 2008

When in the Course of human events it becomes nec­es­sary for one peo­ple to dis­solve the polit­i­cal bands which have con­nected them with another and to assume among the pow­ers of the earth, the sep­a­rate and equal sta­tion to which the Laws of Nature and of Nature’s God enti­tle them, a decent respect to the […]

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Actual Innocence in Collin County

| May 23, 2008

Collin County DA John Roach has, after 18 months in which his office spent 5,000 man-hours and more than $47,000 re-investigating the case, announced that there is no longer a good-faith basis for uphold­ing the con­vic­tion of Michael Blair: There­fore, under my duty to not only uphold the law but to see that jus­tice is […]

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Suffering Laryngitis

| May 7, 2008

I’m help­ing host two communicating-with-juries work­shops (with Joshua Kar­ton) and the Har­ris County Crim­i­nal Lawyers Asso­ci­a­tion annual ban­quet in the next two days. Could there be a more inop­por­tune time for me to lose my voice? (Answer: yes, actu­ally: in the mid­dle of a trial.)

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Welcome, Former Prosecutors, to the Real World

| April 14, 2008

Two recent news items, per­haps per­ti­nent to the ques­tion of whether pros­e­cu­tors lead more shel­tered exis­tences than self-employed lawyers: In Search­ing for New Job, Gon­za­les Sees No Tak­ers — New York Times and Law of Crim­i­nal Defense — And you think the econ­omy sucks? Ask any criminal-defense lawyer Let me sum up: for­mer top pros­e­cu­tor can’t […]

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On Today’s Harris County Commissioners Court Agenda

| April 8, 2008

From the agenda: Request for dis­cus­sion and pos­si­ble action for Man­age­ment Ser­vices to pro­vide a study and rec­om­men­da­tions on the fea­si­bil­ity of estab­lish­ing a Pub­lic Defender Office in Har­ris County.

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Story of the Day

| March 28, 2008

Via NPR, this Sto­ryCorps story about Julio Diaz, who was get­ting off a sub­way in the Bronx when a teenage boy approached and pulled a knife: “He wants my money, so I just gave him my wal­let and told him, ‘Here you go,’” Diaz says. As the teen began to walk away, Diaz told him, “Hey, wait […]

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Texas Medical Marijuana Acquittal

| March 27, 2008

From NewsLI.com (lit­tle known geo­graph­i­cal fact: Texas is so big that Amar­illo is actu­ally closer to Long Island, New York than it is to Hous­ton) comes this story about a suc­cess­ful mar­i­juana defense by Jeff Black­burn: A Texas patient who uses med­ical mar­i­juana to treat the symp­toms of HIV won acquit­tal on mar­i­juana pos­ses­sion charges […]

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For Your Consideration

| March 27, 2008

Robb Myers, one of the com­menters on my guest blogger’s nul­li­fi­ca­tion post, included this lit­tle gem in his com­ment: “There are four boxes to be used in defense of lib­erty: soap, bal­lot, jury, and ammo. Please use in that order.” –Ed How­der­shelt Perfect.

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This F**kin F**ker’s F**ked.

| March 27, 2008

As soon as I get a men­tion on Fark.com, my web­site crashes. Thanks so much, Lunarpages. I’ll be look­ing for a new ISP.

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The Importance of “Make People Afraid”

| March 25, 2008

I said yes­ter­day that what’s impor­tant about the Chron­i­cle writ­ing that Kelly Siegler admon­ished other lawyers to “make peo­ple afraid” is that jurors know about it. Why? Because I think peo­ple are much less likely to be manip­u­lated if they know that some­one is going to be try­ing to manip­u­late them. If a pros­e­cu­tor gets up in […]

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