TOS Violations in Criminal Solicitation of a Minor Case

The indictment (h/t Orin Kerr at The Volokh Conspiracy) in U.S. v. Drew:

On or about the following dates, defendant DREW, using a computer in O’Fallon, Missouri, intentionally accessed and caused to be accessed a computer used in interstate and foreign commerce, namely, the MySpace servers located in Los Angeles County, California, within the Central District [...]

Probation Eligibility in Texas

A Texas judge can give deferred-adjudication probation to a person pleading guilty unless:

(1) the defendant is charged with an offense:
(A) under Sections 49.04-49.08, Penal Code [DWI offenses]; or
(B) for which punishment may be increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code [Drug-Free Zone], if it is shown that the defendant has [...]

What Lawyers’re Doing Across the Pond

Taunting the government’s AI; Geeklawyer is offering a bottle of whisky [sic] for the best question and answer.

Mack Arnold Fundraiser

Monday June 16, 2008. 6:00 p.m. to 8:00 p.m. El Tiempo Cantino, 3130 Richmond, Houston. Live auction, free food, cold beer and margaritas.

New Poll: Rusty Duncan

I’ve added a new poll to the sidebar:

Who Are You?
Defense Lawyer - Texas
Defense Lawyer - Elsewhere
Prosecutor - Texas
Prosecutor - Elsewhere
Non-Criminal Lawyer - Texas
Non-Criminal Lawyer - Elsewhere
Non-Lawyer - Texas
Non-Lawyer - Elsewhere
Law Student
Judge
Law Professor
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Problems With Judge Voir Dire

Notes I wrote during a federal judge’s voir dire a few months ago:

A judge’s voir dire is calculated to get jurors to promise to follow the law while a lawyer’s voir dire is calculated to find those who might have difficulty following the law.
A judge’s voir dire is calculated to get jurors to agree with [...]

For a Public Information Office

Napoleon’s Third Rule of Infantry Combat, per Terry MacCarthy:

When your enemy is in the process of destroying himself, do not interfere!

In light of that, I’m tempted not to comment on the Harris County DA’s proposed creation of a Public Information Office to serve as the “face and voice” of the Office.
The Chronicle doesn’t like the [...]

The Hired-Gun Prosecutor

Kelly Siegler, having left the Harris County DA’s Office, will be working as a special prosecutor on a capital murder case in Wharton County.
My admittedly cursory legal research on the question hasn’t revealed legal authority for anyone other than an assistant attorney general to assist in the prosecution of criminal cases, unless the district attorney [...]

Confidence-Inspiring

From the solicitation letter sent to Bennett & Bennett by Transperfect, “the leading provider of international communications services to the world’s top intellectual property practices”:

In fact, more than 25% of our revenue comes from assisting clients with international litigations.

I’m sure they do that work with honesties and integrities.

Suffering Laryngitis

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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