Introduction to Intake

AHCL, who knows an awful lot about the DA’s office for someone who’s not an ADA, has a post today about how the Harris County DA’s intake system works (a lot cleaner than the exhaust system). Drop by, and please thank AHCL for sheeding some light on the workings of the office that have been [...]

The Martial Law Statute

The current text of Section 333 of Title 10 of the United States Code:

Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or [...]

. . . And Another 30 Days For Looking at Her Like That!

Austin criminal defense lawyer Adam Reposa gets 90 days in jail for “making a gesture simulating masturbation while standing before County Court-at-Law Judge Jan Breland during a pretrial hearing”.
The earlier story.
(Do you think the cuffs will stop him?)

Larry Pozner’s Lessons Learned

From the NACDL Champion (H/T a Defending People reader).
My favorites:

When a group of defense lawyers convene to plan a joint strategy, one of them is about to get screwed. You have one week to figure who it is. If you can’t figure it out after the first week — it’s you.

and:

Be proud of yourself when [...]

Welcome, Former Prosecutors, to the Real World

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 get a [...]

Need Spreadsheet / Database Program for Monster File

I need an OS X program to handle 1.5 million lines of data. Prefer freeware / open source / shareware, but will go commercial if necessary.
Suggestions?

WE Live Sheltered Lives

I’ve taken some criticism for my belief that Harris County Prosecutors (and judges) are typically deficient in the real-world experience that leads to perspective and empathy.
Quoth AHCL:

But as to Mark’s argument about “real world experience” outside of the prosecutor’s office being a bonus to being a criminal District Court Judge, I do actually disagree. The [...]

The Commerce Clause

Critics of the federal government like to ascribe its ballooning power in criminal cases to the fear-driven actions of recent Republican administrations. A longer view, however, reveals that the government’s actions that breed discontent in 2008 were made possible by the overreaching of a Democratic administration more than seventy years ago. Like today, we had [...]

Free Consultations No More?

New York criminal defense lawyer Scott Greenfield writes that he feels taken advantage of by people who use his free consultations to get free legal advice; he’s begun charging for consultations.
Rarely having a problem with people meeting with me on pretexts, I hadn’t seriously considered charging for consultations, but right up until Scott’s last paragraph, [...]

Kevin McHenry of R.W. Lynch: Cluephone Ringing; It’s For You

Kevin McHenry has called nine times to try to sell me something. Unfortunately for him, he doesn’t have my office number; he keeps calling directly to my answering service number.
Here’s his first message:

3/14/08 11:47A
“to”::MR. BENNETT
“first;::KEVIN
“last”::MCHENRY
“phone”::800-333-0401 EX 1121
“re”: INFO ON PERSONAL INJURY CASES
3/14/08 11:47A

Okay: I’m a criminal defense lawyer. I don’t want “info on personal injury [...]

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