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 November 16, 2013 in 

When the gentleman from the Texas Attorney General’s Office called me on Thursday to ask if I would agree to the AG’s petition to intervene and motion to extend time to file a motion for rehearing in the Court of Criminal Appeals, I think he was a bit put-out that I declined. ((Or it may have been my tone.)) I wasn’t sure whether I was opposed or not, but I’m not going to agree to anything the State wants without at least reading its motion first.

Boy, am I glad I said “No.” Here are the Attorney General’s motions; I hope you’ll enjoy my response (here’s a link if the PDF doesn’t show up inline):
https://blog.bennettandbennett.com/wp-content/uploads/2013/11/Response-to-AG-Motions-Redacted.pdf

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12 Comments

  1. Gritsforbreakfast November 16, 2013 at 4:27 pm - Reply

    The AG’s motion isn’t showing up at the link, could you re-post it? Otherwise, it’s pretty funny that they want to intervene on the issue at this late date, after a 9-0 opinion, no less. Could they possibly think Greg Abbott or his minions are persuasive enough to flip five of them?

  2. Mark Bennett November 16, 2013 at 4:34 pm - Reply

    Weird. It works for me. Try cutting and pasting:

    https://blog.bennettandbennett.com/wp-content/uploads/2013/11/AG-Motions-Redacted.pdf

    I don’t know what they’re thinking. Apparently they have Jedi powers that allow them to convince courts to disregard constitutions.

  3. Mark's Dad November 16, 2013 at 6:08 pm - Reply

    Excellent, Mark. You make me proud.

    • Brian Drake November 17, 2013 at 10:08 am - Reply

      *like*

  4. Clint November 16, 2013 at 10:21 pm - Reply

    Apologies for my lack of comment on substance, but what is the sans serif font you used?

    • Mark Bennett November 17, 2013 at 7:21 am - Reply

      Matthew Butterick’s Concourse. The serif font is Equity. The two are meant to work together.

  5. Michael Simpson November 17, 2013 at 3:32 am - Reply

    Maybe it’s just me, but that san serif font is just icky.

    • Mark Bennett November 17, 2013 at 7:22 am - Reply

      Interesting. I’ll look for more feedback.

    • John Dunnock Woolford V November 20, 2013 at 5:55 pm - Reply

      You are probably not alone: sans sarif fonts are rarely used in court pleadings so they might look awkward or contemporary to some. I applaud Mr. Bennett’s use of the sans sarif font. I think it is elegant and I welcome the subtle-but-not-too-subtle contrast between the two fonts. I would even go so far as to say this particular pleading, aesthetically, is one of the best I have seen.

  6. […] her, she will tol­er­ate my blunt­ness, or she will not get what she needs.When I was writ­ing this plead­ing one of my edi­tors asked me whether instead of “this court should do X” I ought to write, “X […]

  7. Ric Moore November 17, 2013 at 3:59 pm - Reply

    You did good, Mark. We need several dozen of you, sprinkled around the states, just to keep the devils righteous. Especially here in Virginia. I can’t seem to get a straight answer to who decided to chuck my plea bargain under the bus and make my non-violent offense level, as a registered sex offender into a “violent offense”? It sure wasn’t my Judge, nor my attorney nor my DA. I STILL don’t see how the entire registry business works, legally, if I cannot face my accuser in a court of law. Yet, like today, a state official comes to check to see if I still live here. I’m not on probation, I have not committed another offense, yet SOMEONE or SOME GROUP has the power to invade my life and I cannot appeal, since no one knows who the hell “they” are. At least with your AG, you got to decide, because they play by the rules with you.

    Imagine if they didn’t have to play by the rules and did whatever in the hell they wanted to do? You’d be in my shoes. Ric

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