Comments on: Why Challenges for Cause Aren’t Enough http://bennettandbennett.com/blog/2009/03/why-challenges-for-cause-arent-enough.html the tao of criminal defense trial lawyering Mon, 15 Mar 2010 01:29:08 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Pam http://bennettandbennett.com/blog/2009/03/why-challenges-for-cause-arent-enough.html/comment-page-1#comment-7372 Pam Sat, 07 Mar 2009 21:26:04 +0000 http://bennettandbennett.com/blog/2009/03/why-challenges-for-cause-arent-enough.html#comment-7372 I recently had a visiting judge, here in Texas, state in open court "I will not have you bust this panel" and he proceeded to intimidate the jurors in such a way that any question I asked afterward they would look at him before answering. I got the result I was working for but I was incensed at the judges actions. I did my best to preserve error but as we got the result we were working for the client refused to appeal. When I speak with lawyers who do not practice in Texas they act as if they cannot believe this stuff really happens. Having 10 peremptory challenges saved my clients life. I recently had a visiting judge, here in Texas, state in open court “I will not have you bust this panel” and he proceeded to intimidate the jurors in such a way that any question I asked afterward they would look at him before answering. I got the result I was working for but I was incensed at the judges actions. I did my best to preserve error but as we got the result we were working for the client refused to appeal.
When I speak with lawyers who do not practice in Texas they act as if they cannot believe this stuff really happens. Having 10 peremptory challenges saved my clients life.

]]> By: JR http://bennettandbennett.com/blog/2009/03/why-challenges-for-cause-arent-enough.html/comment-page-1#comment-7369 JR Sat, 07 Mar 2009 14:09:18 +0000 http://bennettandbennett.com/blog/2009/03/why-challenges-for-cause-arent-enough.html#comment-7369 Sometimes when both sides really don't want a particular juror, one side will challenge for cause and the other side will quickly agree that the challenging side is correct --- even if the for-cause strike really is a stretch. This is a way to stretch the available number of peremptory challenges. Like you, I want to hang on to as many peremptory challenges as possible. I would be very unhappy if "the man" reduced the number available to me. Sometimes when both sides really don’t want a particular juror, one side will challenge for cause and the other side will quickly agree that the challenging side is correct — even if the for-cause strike really is a stretch. This is a way to stretch the available number of peremptory challenges.

Like you, I want to hang on to as many peremptory challenges as possible. I would be very unhappy if “the man” reduced the number available to me.

]]> By: Peremptory juror challenges http://bennettandbennett.com/blog/2009/03/why-challenges-for-cause-arent-enough.html/comment-page-1#comment-7366 Peremptory juror challenges Fri, 06 Mar 2009 21:38:53 +0000 http://bennettandbennett.com/blog/2009/03/why-challenges-for-cause-arent-enough.html#comment-7366 [...] sharply different from mine: Patrick and Ken at Popehat, Scott Greenfield, Mark Bennett (and further). (More: WSJ law blog.) Deadline pressure doesn’t permit me to join in, but anyone interested [...] [...] sharply different from mine: Patrick and Ken at Popehat, Scott Greenfield, Mark Bennett (and further). (More: WSJ law blog.) Deadline pressure doesn’t permit me to join in, but anyone interested [...]

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