Defending People

the art and science of criminal defense trial lawyering

Diplomatic?

Mark Bennett | April 30, 2008

My lawyer informs me that, since I’m going to be HCCLA president next year (actually next week), I’m going to have to start being more “diplomatic”.
I’m not sure I can do that.
But I’ll try. . . . starting tomorrow.
Today’s Asshat of the Day Award (henceforth “ADA”) is shared by every 25-28 year old lawyer who [...]

Category: Asshat of the Day Award, Prosecutors, Uncategorized | 14 Comments »
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What We Are vs. How We Act

Mark Bennett | April 30, 2008

Fort Worth criminal defense lawyer Shawn “No Prisoners” Matlock asked a simple question:

If you’re hiring a defense attorney, do you want someone to feel your pain, or someone to take no prisoners in defending you?

Given that choice, I argued that a person is better off with a person who has compassion than one who is [...]

Category: Uncategorized, empathy | 12 Comments »
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The Myth of the Ruthless Lawyer

Mark Bennett | April 28, 2008

Young Shawn Matlock, Fort Worth “Republican” criminal defense lawyerattorney, responds to my position that empathy makes us better lawyers and in doing so asks the following:

But what about ruthless? Ruthless to get exactly what you want. Ruthless to not settle for less. Ruthless to take no prisoners, no matter what the cost to others. Ruthless [...]

Category: compassion | 12 Comments »
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Asshat Lawyer of the Day

Mark Bennett | April 26, 2008

With a hat tip to alert reader Brendan Kelly, the story (USA Today Blog) of an Indiana Republican congressional candidate, Tony Zirkle, speaking at a birthday party for Adolf Hitler. (For this post only, the Rule Against Calling People Nazis in Comments is suspended.)
Brendan also helpfully directed me to Mr. Zirkle’s politician CV, from which [...]

Category: lawyers, liars, politics | 4 Comments »
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Too Broken?

Mark Bennett | April 26, 2008

New York criminal defense lawyer Scott Greenfield asks of the criminal justice system, “is it too broken?“
These are a few of the questions he asks:

Are jurors capable of discerning truth from deception, or is this just a vanity of our support for trial by jury?
. . . .
Is there a fundamental flaw in our selection [...]

Category: judges, jury, justice, lawyers | No Comments »
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Wanted: SQL Hacker

Mark Bennett | April 25, 2008

I need an SQL hacker to set up a searchable database on the Harris County Criminal Lawyers Association website. Email me. (Gotta love that gmail spam protection!)

Category: Uncategorized | No Comments »
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Wayne Green’s First Rule of Evidence and of Appellate Practice

Mark Bennett | April 25, 2008

You can generally count on the government to rule in favor of the government.

Category: evidence, government | No Comments »
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Texas Amicus on Virginia v. Moore

Mark Bennett | April 25, 2008

Can anyone tell me why, when Virginia v. Moore is irrelevant to Texas state cases, Texas’s Attorney General Greg Abbott wastes his time and taxpayers’ money filing an amicus brief in that case?

Category: 38.23, Texas, Uncategorized | 1 Comment »
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A Tale of Two Associations

Mark Bennett | April 24, 2008

Compare and contrast:

The purpose of ACDLA primarily is educational, and ACDLA provides its members with a variety of educational opportunities related to protecting the individual rights guaranteed by the Texas and the United States Constitutions, preserving the citizenry’s and court system’s commitment to those rights, and promotion of competent and ethical representation of persons accused [...]

Category: ACDLA, HCCLA | 7 Comments »
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Virginia v. Moore in Texas

Mark Bennett | April 24, 2008

In Virginia v. Moore the Supreme Court held that evidence is admissible under the Fourth Amendment even though obtained in a search incident to an unlawful arrest that was on probable cause.
In other words, if the state makes something a non-arrestable crime (in Virginia, driving with a suspended license) and the police break state law [...]

Category: 38.23, Supreme Court, Uncategorized, search and seizure | 5 Comments »
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