Defending People

the tao of criminal defense trial lawyering

Ethos

Mark Bennett | December 31, 2008

Murray Newman laments what he expects to be the loss of prosecutorial discretion in the Harris County District Attorney’s Office under the Lykos / Leitner regime.
Murray misses the old days. Ah, those glorious Rosenthal / Siegler days, when prosecutors had discretion — discretion enough to run amok. . . when 29-year-old misdemeanor chiefs with no [...]

Newspeak of the Day

Mark Bennett | December 31, 2008

I went to visit a client at the “IAH Adult Detention Facility” (which I thought was a private jail) in Livingston, Texas today and was greeted by a sign at the front desk with a globe logo and the legend, “Community Education Centers”:

Apparently my client isn’t incarcerated; he’s just being educated.
(Because someone will inevitably find [...]

HPD and Video Redux

Mark Bennett | December 29, 2008

HPD Officer Paul Lassalle comments on this long-ago post about his communications with Harris County Assistant District Attorney Warren Diepraam (who will likely be at the coronation on Thursday) concerning whether HPD has to actually use the videotaping equipment that the statute requires them to have and maintain.
When a man with a gun and a [...]

All for Want of a Horseshoe Nail

Mark Bennett | December 29, 2008

Houston criminal defense lawyer Sharon Levine has passed away.
Sharon was a great and caring warrior for each of her clients, but the case for which she’ll always be remembered in the Houston criminal defense community was a piddly little class B misdemeanor evading arrest case of little interest to anyone but her and her [...]

RIP

Mark Bennett | December 27, 2008

The following blogs on my blogroll bit the dust in 2008:

Bad Court Thingy
Curia Advisari Vult
da blog
HCSO Blog
Norm Pattis’s blog

They made my blogroll because they had something interesting to say, or an interesting way to say something.
I miss them.

The Coronation Poll

Mark Bennett | December 27, 2008

For those Harris County ADAs who want, very anonymously, to express their feelings about being ordered to Pat Lykos’s coronation ceremony on January 1, Miami criminal defense lawyer Brian Tannebaum has posted a poll.

Memo to Future Lawyers

Mark Bennett | December 26, 2008

Don’t go to Marquette Law School.
According to David Papke, law professor at Marquette Law School,
We don’t want law school to be lawyer-training school. When we cave in to demands of that sort from the ABA and assorted study commissions, we actually invite alienation among law students and lawyers. Legal education should appreciate the depth of [...]

Are You Man or Mutton?

Mark Bennett | December 25, 2008

Hearing about Harris County District Attorney-Elect Pat Lykos’s command that all Assistant District Attorneys appear dressed in court clothes on a national holiday for her coronation, Miami criminal defense lawyer Brian Tannebaum raised a good question:
You all gonna take a stand and not show up, or be sheep?
(I think “you all” is Floridian for “all [...]

Lykos, Meet Streisand

Mark Bennett | December 24, 2008

The following was posted on Murray Newman’s blog yesterday, but after Murray was double-plus-unhired from the office he took it down. I’m reconstructing it as nearly as I can here (with my own flourish), not because I think Murray has no backbone, nor because it’s particularly good (it was created in collaboration among Murray’s commenters), [...]

Car Keyers and the Importance of Having Gideon

Mark Bennett | December 23, 2008

On the internet, nobody knows you’re a dog. . .

. . . or a maladjusted government-loving fear-slave. Or simply a lousy lawyer.
The internet is mostly terrible that way. Anonymous people say things that they would never say for attribution; even using their names, people make claims about themselves among strangers that would be [...]