Dennis Elias’s Latest Tweet :. Injustice News Twitter Feed :.Mark Bennett | October 31, 2008
In jury selection for my aggravated assault trial last week, I objected to the State’s use of a challenge for cause to exclude a potential juror whose religion forbade him judging other people. The objection was under Article I, Section 4 of the Texas Constitution, which provides in relevant part, “No religious test shall ever [...]
Mark Bennett | October 29, 2008
Probation / Prison
Productive member of society / Drain on society
Restitution / No restitution
Supervision of court / School for crime
2y probation + 2y prison = 4y in system / 2y prison = 2y
Conditions of probation / Robbers, rapists, murderers
For people who can live in society / For people who cannot live in society
Alcohol evaluation and treatment [...]
Mark Bennett | October 26, 2008
That the following is a question that a court can even ask, shows that the system is seriously broken:
Whether Davis can still be executed if he can establish innocence under the second standard [clear and convincing evidence that no reasonable fact finder would have found him guilty] but cannot satisfy his burden under the first, [...]
Mark Bennett | October 22, 2008
I’d much rather be in trial than waiting to go to trial — a good day in trial is better than just about anything else you’d care to name. This is my sixth jury trial in twelve months. It’s an aggravated assault charge — CW got glass in his eye, needs money, blames D. In [...]
Mark Bennett | October 21, 2008
From the mailbag:
Please don’t take my unique questioning ideas personally, as I don’t know and I am just asking you what you think. I was wondering whether being openly political on your professional legal blog may sometimes be unwise. I have written or emailed other lawyers the same question. I also feel passionately about politics [...]
Mark Bennett | October 20, 2008
The job is antidemocratic, to begin with. Our Constitutional mission is to confront and resist authority, which, in America (where we like to elect our authority figures) means flouting the more-or-less democratically expressed will of the majority. Successfully defending people usually means telling those whom the majority has chosen to enforce the laws made by [...]
Mark Bennett | October 20, 2008
A public-spirited reader sent me his notes from the portion of DEA training dealing with the use of deadly force. He tells me that the students would be given certain fact patterns and told to stand up in class and respond with the exact phrases described in the notes to justify a shooting.
LAW OF DEADLY [...]
Mark Bennett | October 19, 2008
Scott “Paladin” Greenfield yesterday took on former prosecutors advertising for criminal defense cases by suggesting that they can do things for the accused that other people can’t. There are lots of angles that could be taken on this issue; Scott’s is that
The pitch is intended to capitalize on a basic misperception by thepublic, that the [...]
Mark Bennett | October 17, 2008
Why we don’t practice civil law (Brian Tannebaum’s other blog, My Law License). At least the judge keeps a sense of humor about the relentless asshattery of lawyers attorneys who are a) fighting over money; and b) billing by the minute; and consequently c) make more money the more they “flyspeck” each other. The first [...]
Mark Bennett | October 17, 2008
Lloyd Kelley, The lawyer for the Ibarra brothers, who successfully sued Harris County for civil rights violations earlier this year and, in the process, brought down Harris County District Attorney Chuck Rosenthal, is now the defendant. The brothers have hired another lawyer to sue him over more than $200,000 in expenses deducted from their $1.7 [...]
