Comments on: Jury Sentencing in Texas http://bennettandbennett.com/blog/2007/06/jury-sentencing-in-texas.html the tao of criminal defense trial lawyering Tue, 16 Mar 2010 23:59:00 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Anonymous http://bennettandbennett.com/blog/2007/06/jury-sentencing-in-texas.html/comment-page-1#comment-167 Anonymous Mon, 02 Jul 2007 20:39:00 +0000 http://bennettandbennett.com/blog/?p=124#comment-167 How about misuse of fiduciary duty, and selling fraudulent securities? Sentence is 25 yrs and 32 yrs to run concurrent. How about misuse of fiduciary duty, and selling fraudulent securities? Sentence is 25 yrs and 32 yrs to run concurrent.

]]> By: Mark Bennett http://bennettandbennett.com/blog/2007/06/jury-sentencing-in-texas.html/comment-page-1#comment-166 Mark Bennett Mon, 02 Jul 2007 13:36:00 +0000 http://bennettandbennett.com/blog/?p=124#comment-166 It depends. A defendant is entitled to reasonable bail if (a) his sentence is not 10 years or more; and (b) he was not convicted of a "3g" offense - murder, capital murder, indecency with a chile, aggravated kidnapping, aggravated sexual assault, sexual assault, aggravated robbery, or some drug offenses involving children or drug-free zones. It depends. A defendant is entitled to reasonable bail if (a) his sentence is not 10 years or more; and (b) he was not convicted of a “3g” offense – murder, capital murder, indecency with a chile, aggravated kidnapping, aggravated sexual assault, sexual assault, aggravated robbery, or some drug offenses involving children or drug-free zones.

]]> By: Anonymous http://bennettandbennett.com/blog/2007/06/jury-sentencing-in-texas.html/comment-page-1#comment-165 Anonymous Mon, 02 Jul 2007 12:53:00 +0000 http://bennettandbennett.com/blog/?p=124#comment-165 If a person is convicted and sentenced by a jury, is he remanded to jail immediately or does the judge allow him to stay out during appeal? If a person is convicted and sentenced by a jury, is he remanded to jail immediately or does the judge allow him to stay out during appeal?

]]> By: David http://bennettandbennett.com/blog/2007/06/jury-sentencing-in-texas.html/comment-page-1#comment-92 David Tue, 12 Jun 2007 17:30:00 +0000 http://bennettandbennett.com/blog/?p=124#comment-92 One of the saddest moments of the great PBS doc "Snitch" (from frontline) is the look on the juror's face when they ask him to guess how much time the person he convicted received. It's been awhile since I've seen it, but teh juror- who was unable to have any say in sentencing the young man he voted to convict- was visibly shocked when he heard the length of the sentence the young man received. <br/><br/>I remember him saying something like, "but he was only a kid" and I think the kid's sentence was over ten years. <br/><br/>It made me wonder whether the juror would have nullified had he known what the government would do with the kid once they secured his conviction. But of course, under the federal system (which a lot of states are emulating) the attorneys couldn't comment on the possible punishment so the jurors, at least the one interviewed, assumed the defendant would serve months or perhaps years, rather than decades. One of the saddest moments of the great PBS doc “Snitch” (from frontline) is the look on the juror’s face when they ask him to guess how much time the person he convicted received. It’s been awhile since I’ve seen it, but teh juror- who was unable to have any say in sentencing the young man he voted to convict- was visibly shocked when he heard the length of the sentence the young man received.

I remember him saying something like, “but he was only a kid” and I think the kid’s sentence was over ten years.

It made me wonder whether the juror would have nullified had he known what the government would do with the kid once they secured his conviction. But of course, under the federal system (which a lot of states are emulating) the attorneys couldn’t comment on the possible punishment so the jurors, at least the one interviewed, assumed the defendant would serve months or perhaps years, rather than decades.

]]> By: Mark Bennett http://bennettandbennett.com/blog/2007/06/jury-sentencing-in-texas.html/comment-page-1#comment-68 Mark Bennett Wed, 06 Jun 2007 01:04:00 +0000 http://bennettandbennett.com/blog/?p=124#comment-68 If the jury comes back with a guilty verdict at 2 p.m. the punishment hearing might start at 2:01. If the jury comes back with a guilty verdict at 2 p.m. the punishment hearing might start at 2:01.

]]> By: Gideon http://bennettandbennett.com/blog/2007/06/jury-sentencing-in-texas.html/comment-page-1#comment-67 Gideon Wed, 06 Jun 2007 00:50:00 +0000 http://bennettandbennett.com/blog/?p=124#comment-67 Two questions:<br/><br/>What do you mean by "A punishment hearing ordinarily follows immediately after a conviction."<br/><br/>How immediate is immediate?<br/><br/>Also, no such thing as "tale for another day"! You drop that bombshell on those of us who are uninitiated and leave it hanging? No sir. I want to hear about the jury deciding contested fact issues. (If you don't mind, thanks!) Two questions:

What do you mean by “A punishment hearing ordinarily follows immediately after a conviction.”

How immediate is immediate?

Also, no such thing as “tale for another day”! You drop that bombshell on those of us who are uninitiated and leave it hanging? No sir. I want to hear about the jury deciding contested fact issues. (If you don’t mind, thanks!)

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