Scott and Norm and Gideon and Stephen have been having a discussion, started by Norm, about lawyers "keeping score" -- keeping track of (and, incidentally, boasting about) their won/lost records. Norm points out that a jury trial really isn't a sporting event, and the playing field isn't level. I can't promise any client that a won-loss record will shed any light on the outcome of his or

Over at Simple Justice Scott addresses Other Steve's question of whether he should be a criminal-defense lawyer. Scott's a steely-eyed realist; he doesn't share the popular delusion that our criminal justice system is a great system; no, the system sucks. And criminal-defense lawyers aren't likely to strike it rich. But still: We write about fighting the good fight. We sometimes spout the platitudes that bring warmth and

I am the campaign treasurer for Shawna Reagin, who is running as a Democrat for the 176th District Court of Harris County, Texas. Today I learned that the incumbent judge (who really has to go) now has a Republican opponent in the primary: Michelle Satarelli (Oncken). Michelle is a Harris County ADA who is married to a defense lawyer; she had the spine, when she was the

First, only the criminal-defense lawyers will truly appreciate this setup (it actually happened today in trial): Prosecutor (to a defense punishment witness, before the jury): D would benefit from college classes, wouldn't he? Witness: Yes, I suppose he would. Prosecutor: And did you know that inmates can take college classes in prison? Witness: Well, I guess they can, but it's not the same as taking them on

In the end, after a hard-fought battle, the jury gave Tyrone's and my clients 10 years and recommended probation. So they'll be on probation. So, after yesterday's highs and lows, we put this one solidly in the "win" column. I always shake my adversaries' hands and tell them "nice work" before the jury returns with its verdict. Then I'm gracious in victory or defeat. Prosecutors, however? Not

Two guilty verdicts. An acquittal would have been a victory; a mistrial would have been a victory; probation would be a victory too. These two young men don't need to go to prison. It's tragic that the complainant lost his life. It sucks, it's unjust, it's unfair, and nothing this jury does can possibly make it any less tragic, or make it suck any less. They can,

They came back at 8:30 this morning. At about 2:30 they sent out a note indicating that they were having difficulty agreeing and expected to be unable to agree. They indicated that there were eight people in favor of conviction, one strongly in favor of acquittal, one favoring acquittal but open to further discussion, and two undecided (the good news is that this jury, if it convicts

Under the Sex Offender Registration and Notification Act (SORNA), a "sex offense" includes (among other things) any "criminal offense that has an element involving a sexual act or sexual contact with another." 18 U.S.C. § 16911(5)(a). (Question: does "with another" modify "sexual act" or only "sexual contact"?) A "sex offender" is a person who was convicted of a sex offense. 18 U.S.C. §16911(1). (Question: will the states'

Our jury went home for the night at 5:30. In my closing argument I had suggested that they ask for twelve copies of the charge (I don't remember who I stole that idea from); their first request after retiring to the jury room was to ask for twelve copies of the charge; their second was to ask for the evidence; the third (a couple of hours later)

The jury is out on our murder case. Final arguments went well -- I didn't see much that the prosecutor argued that Tyrone Moncriffe and I hadn't already covered. I may have said this before, but it's good to try a case with someone who I can trust to do a great job without any supervision. So now we wait.