Defending People

the tao of criminal defense trial lawyering

“I’ve Handled Lots of These Cases”

Mark Bennett | December 7, 2009

It’s always been easy for a lawyer to claim, “I’ve handled lots of these cases,” to try to get hired by a client. Now, thanks to District Clerk Loren Jackson, who has brought the courthouse into the late 20th century, if not the 21st, it’s easy for a client, at least in Harris County, to [...]

A Man Among Prosecutorial Bloggers

Mark Bennett | July 24, 2009

Anonymous Harris County prosecutor / blogger “Arthur Seaton” at Saturday Night and Monday Morning? Wuss.
The anonymous Harris County prosecutor / blogger at Life After Esq.? Wuss.
Harris County prosecutor Jeremy Gordon, blogging under his own name at The Minority Report? Definitely not a wuss.
The first two cratered their blogs in the last week—because of blowback from [...]

DWI Diversion in Harris County

Mark Bennett | July 16, 2009

Houston DWI attorney Paul Kennedy reports:
A citizen confronted with a first-time DWI will be offered pretrial diversion (if eligible) or 30 days in the county jail. The other option is to ask the judge for probation without a recommendation from the prosecutor.. . . .Said an unnamed source, “the plan is to force people into [...]

The End Result

Mark Bennett | April 7, 2009

This is the case on which I was deselected from the jury last week. Now I’m glad Caroline “Wonder Woman” Dozier decided to strike me; I wouldn’t want to be remembered for having sent a guy to prison during my tenure as HCCLA President.
The jury gave the defendant life in prison plus a $10,000 fine [...]

No News is Good News

Mark Bennett | December 7, 2008

This year Harris County sent nobody to death row (Rick Casey, today’s Chronicle).
Previous years:

2003 = 9
2004 = 10
2005-2007 = 7 total

all per Casey (the Death Penalty Information Center says 3 in 2005 and 3 in 2006; I couldn’t find a specific number for 2007).
These numbers reflect a turn away from the death penalty in [...]

From the Harris County Sexually Oriented Enterprise Regulations

Mark Bennett | July 23, 2008

“Semi-nude” means “any state of dress which opaquely covers no more than a human buttock, anus, male genitalia, female genitalia or areola of a female breast.”
Can anyone tell me what that means? I think it’s English, but I’m not certain.

From the Houston Criminal Law News

Mark Bennett | July 9, 2008

A team of federal inspectors is checking out the Harris County Jail. Harbingers of adult supervision for the Harris County Criminal Justice System?
Widow charged 23 years after her husband’s murder. She claimed at the time that an intruder had entered the house, tortured her, and shot him with her pistol. The dead guy’s daughter contacted [...]