Defending People

the tao of criminal defense trial lawyering

Parsing the Made-Up News

Mark Bennett | March 7, 2010

Friday, Fine clarified that he declared the procedures Texas has in place to carry out the death penalty unconstitutional, a legal parsing even to the prosecutors trying the case.
The Houston Chronicle clings doggedly to the false proposition that Kevin Fine “declared the death penalty unconstitutional Thursday.” On Friday Judge Fine clarified why he [...]

Even in Texas, Death Penalty Still Constitutional

Mark Bennett | March 4, 2010

Brian Rogers of the Houston Chronicle reported today that Judge Kevin Fine of the 177th District Court “declared the death penalty unconstitutional.” This caused the Chronicle’s anonymous commenters to gibber ignorantly in righteous indignation like a cage full of unusually stupid monkeys. Which is always fun.
Paul Kennedy was immediately on the story, for which Jeff [...]

A Lesson in Federal Contempt

Mark Bennett | February 3, 2008

Here is a thought-provoking little piece on Tom Kirkendall’s Houston’s Clear Thinkers blog about whether Chuck Rosenthal is in fact facing jail time for contempt in Judge Hoyt’s court.
The contempt proceeding is for indirect criminal contempt. It’s “indirect” because Chuck didn’t commit contempt right in front of Judge Hoyt, and it’s “criminal” because the contempt [...]