Defending People

the tao of criminal defense trial lawyering

This’ll teach her.

Mark Bennett | March 31, 2009

I was called for jury duty today. Strangely, none of my 100-or-so fellows in the jury assembly room seemed nearly as excited about the prospect of serving as I felt. When I made it to the courtroom (the 180th District Court, Hon. Debbie Mantooth Stricklin presiding) and saw that Caroline “Wonder Woman” Dozier, one of [...]

Another Brilliant Idea from Lykos and Company

Mark Bennett | March 30, 2009

I was relaxing on the front porch of Bennett Manor with a glass of good single-malt when the telephone rang. It was my private line — the number I don’t give out to anybody. Caller ID showed an unfamiliar overseas area code. I answered it.
-Hello?
Pssst. Mark.
-Mr. X? Where are you calling from?I’m here in town. [...]

Sharon Keller’s Been a Bad, Bad Girl

Mark Bennett | March 30, 2009

The Dallas Morning News reports that Texas Court of Criminal Appeals Presiding Judge Sharon Keller, who recently whined about not getting Chip Babcock appointed to represent her in the Commission for Judicial Conduct’s suit against her, “failed to abide by legal requirements that she disclose nearly $2 million [...]

A Quick Study

Mark Bennett | March 27, 2009

From Houston’s Fox 26 News: Pat Lykos regrets using the word “incompetent.”

Rick Casey Gets it Right

Mark Bennett | March 27, 2009

Commenting on Sharon Keller’s whining about being denied the right to counsel because she has to choose between representing herself and paying Chip Babcock’s full fare, the Chronicle’s Rick Casey writes:

The judge should know better, especially in these tough times, than to ask us taxpayers to agree to a lawyer whose usual and customary fees [...]

Pat Lykos is Wrong. Again.

Mark Bennett | March 27, 2009

It’s an encouraging sign that, when two prosecutors this week used seven of their peremptory challenges to strike black potential jurors, resulting in a sustained Batson challenge and the dismissal of the jury, Harris County District Attorney Pat Lykos disciplined them.
Forcing a prosecutor who uses peremptory challenges on the basis of race to start [...]

At the Republican Party Banquet

Mark Bennett | March 26, 2009

(Inside joke. Sorry.)

HCDA Whale Fail!

Mark Bennett | March 26, 2009

Early this morning, my telephone rang. I answered it.
Psst. Mark.
Through my REM haze: Mr. X, is that you?
Shhh. Yeah, it’s me. Listen, Mark, I’ve got something for you.
I was immediately awake — X has always provided interesting stuff in the past; some of it pure gold.
I’m listening.
Okay, Mark, here it is. Jim Leitner went [...]

Sharon Keller’s Response

Mark Bennett | March 25, 2009

Here’s Sharon Keller’s sworn answer (h/t The Houston Chronicle, without which we would be a news-free town) to the Texas Commission for Judicial Conduct’s Notice of Formal Proceedings against her. She spends several paragraphs reiterating the facts of Michael Richard’s case (the “he had it coming” defense), explains that Richard was not seeking not to [...]

Straight Into Solo

Mark Bennett | March 24, 2009

New York criminal defense lawyer Scott Greenfield really doesn’t like the idea, but prescribes two options for “when there’s no other choice.”
Virginia prosecutor (and former criminal defense lawyer) Ken Lammers did it himself, and offers “option C: nose to the grindstone.”
Miami criminal defense lawyer Brian Tannebaum, who got himself a fancy-pants PD gig out of [...]