Comments on: Frivolous Conflicted Representation. Where Else but Harris County?

By: Mark Bennett

Mark Bennett — Mon, 29 Dec 2008 15:50:17 +0000

Gregan,

The four months is not her sentence. Her sentence was 10 years in prison. The jury recommended that this sentence be probated. The judge probated the sentence and set conditions of probation. There is a mandatory jail term on an intoxicated manslaughter condition, so one of the conditions of probation was that Shelton spend four months in Harris County Jail beginning December 20, 2007. I can’t tell that she has done so, but I’d be surprised if she hadn’t.

By: gregan

gregan — Mon, 29 Dec 2008 15:40:22 +0000

My son (16 yrs) is following this story very closely since I happened across it recently online consequently, I watch for updates. We ran across a story about Eliz Shelton requesting that she be able to server her time (4 months— really only 4 months?!?) during holidays and weekends with a decision coming down from the courts during this holiday break. We can’t find any reference to how that came out. Does anyone know what the judge ruled and why the sentence was so light in the first place?

By: FOP98

FOP98 — Sun, 21 Dec 2008 04:28:41 +0000

This seems like an episode of the Jerry Springer Show, Unbelievable!

By: Lee

Lee — Sat, 20 Dec 2008 19:32:33 +0000

Well done, Mark. As you know I’m a big fan of self-policing among lawyers and this kind of shameful conduct deserves to be publicized widely and loudly.

By: Ron in Houston

Ron in Houston — Sat, 20 Dec 2008 14:07:40 +0000

It would be a close race for the craziest person who shouldn’t be holding public office between Shelton and Lykos.

Actually 2 out of the 3 juvenile court judges are pretty much crazy.

It’s a sad state of affairs.

By: advocat98

advocat98 — Sat, 20 Dec 2008 03:46:33 +0000

Mark, yes, CPRC 16.069 allows counterclaims to be brought within 30 days of the date the answer is due without regard to the statute of limitations if the counterclaim arises out of the same transaction. Of course, limitations is not an issue if seeking sanctions under CPRC 10.001. McCally might actually grant a sanctions motion given the facts in this case. If there’s any case that deserved it, this one probably does. All I can say is I would love to be a fly on the wall in that deposition: “Is there be any reason why your memory of the evening in question might be impaired, Miss Shelton?”

By: Mark Bennett

Mark Bennett — Fri, 19 Dec 2008 20:24:35 +0000

AC, I’m a criminal defense lawyer, not a civil lawyer, but I’d guess the suit has got no chance. I don’t even know whether the filing of suit by Shelton extends the defendants’ time to file a countersuit.

By: Anonymous Coward

Anonymous Coward — Fri, 19 Dec 2008 19:44:39 +0000

Great post. I’d be interested to know what sort of chance you think they actually have in court (hopefully none whatsoever; “frivolous” is an understatement), and what sort of action the community as a whole should take against this style of “lawyering.”

It’s clear the suit is rotten to the core, but what I wonder is what should be done about it.

By: Mark Bennett

Mark Bennett — Fri, 19 Dec 2008 18:52:42 +0000

AHCL, I’ll look at the fact witness issue. Or you could join in the conversation at your blog.

Lucas and Wayne, the State Bar of Texas might be interested.

Jason, if you and I often don’t see eye to eye, it’s only because you are often wrong. Don’t take it too hard, there’s a lot of it going around.

Mark.

By: wayne

wayne — Fri, 19 Dec 2008 17:43:45 +0000

What gov.ageny would i send this to , as my part in protesting outrageous lawsuits and , to me, obvious conflict of interest and possible ethics violations and/or illegal activities?