In my capacity as small-town big-city lawyer I get lots of calls from people with problems outside the field of criminal defense. People seem to think that, because I have a law degree, I actually know probate law, or family law (I do know a bit, but don't tell anyone) or landlord-tenant law. Either that, or they don't know what kind of problem they have. Often these

When you are prosecuted for a crime, it is not your "straw man" that is prosecuted. The fact that your name on the papers is in all caps is as irrelevant as the fact that there is or is not gold fringe on the flag. You can't get out from under the U.S. legal system by "redeeming your straw man." The Uniform Commercial Code (UCC) is not

"We want judges who interpret law, not make law." is ignorant right-wing hogwash.We all agree that law needs interpretation. It rarely springs fully-formed from the legislature, so that its meaning is clear to all who read it. Even the U.S. Constitution needs interpretation -- it doesn't explicitly address every conceivable situation.So we do indeed want judges who interpret the law. But interpreting law is making law. The

In jury selection for my aggravated assault trial last week, I objected to the State's use of a challenge for cause to exclude a potential juror whose religion forbade him judging other people. The objection was under Article I, Section 4 of the Texas Constitution, which provides in relevant part, "No religious test shall ever be required as a qualification to any office, or public trust, in

Probation / PrisonProductive member of society / Drain on societyRestitution / No restitutionSupervision of court / School for crime2y probation + 2y prison = 4y in system / 2y prison = 2yConditions of probation / Robbers, rapists, murderersFor people who can live in society / For people who cannot live in societyAlcohol evaluation and treatment / Warehouse for human beingsOne-shot deal / Likely to reoffendSecond chance /

That the following is a question that a court can even ask, shows that the system is seriously broken:Whether Davis can still be executed if he can establish innocence under the second standard [clear and convincing evidence that no reasonable fact finder would have found him guilty] but cannot satisfy his burden under the first, due-diligence question.(Via A Public Defender.)I look forward to the government's explanation of

I'd much rather be in trial than waiting to go to trial -- a good day in trial is better than just about anything else you'd care to name. This is my sixth jury trial in twelve months. It's an aggravated assault charge -- CW got glass in his eye, needs money, blames D. In the 179th District Court, the Honorable Lee Duggan presiding. If you're in

From the mailbag:Please don't take my unique questioning ideas personally, as I don't know and I am just asking you what you think. I was wondering whether being openly political on your professional legal blog may sometimes be unwise. I have written or emailed other lawyers the same question. I also feel passionately about politics and love politics and I guess I am somewhat of a political

The job is antidemocratic, to begin with. Our Constitutional mission is to confront and resist authority, which, in America (where we like to elect our authority figures) means flouting the more-or-less democratically expressed will of the majority. Successfully defending people usually means telling those whom the majority has chosen to enforce the laws made by its representatives that either they or the laws are wrong. In other

A public-spirited reader sent me his notes from the portion of DEA training dealing with the use of deadly force. He tells me that the students would be given certain fact patterns and told to stand up in class and respond with the exact phrases described in the notes to justify a shooting.LAW OF DEADLY FORCE XXXXXXXXX – INSTRUCTOR PRE-CLASS ASSIGNMENT NOTES  HOSTILE MOVES WITH GUNS 1.