Defending People

the tao of criminal defense trial lawyering

Melissa Martin Wins in the Court of Criminal Appeals

Mark Bennett | February 24, 2010

The Harris County District Attorney’s Office’s form charging instrument in “weenie waggling” indecent exposure cases has, for time immemorial, read:
[Defendant], hereafter styled the Defendant, heretofore on or about [Date], did then and there unlawfully expose his GENITALS to [Cop] with intent to arouse and gratify the sexual desire of THE DEFENDANT, and the [...]

Jurisprudential Retardation: Rodriguez-Parra

Mark Bennett | November 21, 2009

In August the Fifth Circuit decided U.S. v. Rodriguez-Parra, an illegal-reentry case in which Mr. Rodriguez argued that his fully-probated five-year sentence for marijuana trafficking should not have been used under section 2L1.2(b)(1)(B) to increase his offense level for illegal reentry by 12 points.
The court found that Mr. Rodriguez should indeed not have suffered the [...]

Today’s Houston Criminal Law News

Mark Bennett | March 11, 2009

This, an appeal arising out of a Houston case is, as far as I can tell, the first time ever that Judge Sharon Keller has reversed a case to a defendant’s benefit.
Bailiff uses taser on man accused of photographing witness.

Johnson was watching a trial in state District Judge Ruben Guerrero’s court, officials said, then stood [...]

Federal Convictions Reversed

Mark Bennett | December 11, 2008

From Alex Bunin, Federal Public Defender for the Northern District of New York, comes “Federal Convictions Reversed,” this collection (pdf) of summaries of appellate cases reversing federal convictions (not sentences). An invaluable resource to the federal criminal defense lawyer, but that’s to be expected — the various public defenders’ offices are still and likely always [...]

New Judges and Reversal Rates

Mark Bennett | November 10, 2008

It will be interesting to see the changes in the next few years. With eight courts being led by judges on a “learning curve,” watch their dockets increase. Watch the appellate courts reverse decisions, the tax dollars wasted and the criminals who are set free.

Last week I discussed the first part of this chicken-littling — [...]

Funny the Things You Learn When You RTFM

Mark Bennett | October 16, 2008

Over at Women in Crime Ink, Katherine Scardino (one of Houston’s leading criminal defense lawyers) writes about the reversal of Robert Fratta’s death-penalty conviction by Judge Melinda Harmon of the U.S. District Court for the Southern District of Texas. (Via Grits for Breakfast.)
Guidry, Prystash, and Fratta were all charged with the murder of Fratta’s wife. [...]