•   Posted on

     December 12, 2014 in 

    Here (pdf) is the Bureau of Justice Statistics' report on Rape and Sexual Assault Victimization Among College-Age Females, 1995–2013. Some highlights (all statistics are for women aged 18–24 unless otherwise noted): 6.1 out of 1,000 college women experience "sexual victimization"—rape, attempted rape (("Rape is the unlawful penetration of a person against the will of the victim, with use or threatened use of force, or attempting such an

  •   Posted on

     December 11, 2014 in 

    When I first saw the Rolling Stone UVA rape story by Sabrina Erdely, I'd been thinking about satanic ritual abuse stories because Fran and Dan Keller were in the news. I tweeted: Speaking of satanic ritual abuse: https://t.co/MyO2bC2Cjm — Mark W. Bennett (@MarkWBennett) December 1, 2014 The story was unbelievable to me. Not "unbelievable" in the loose sense of "sensational," but literally unbelievable. I knew that the

  •   Posted on

     November 19, 2014 in 

    It started with criminal First Amendment litigation. I fought for five years against a speech-restricting penal statute, learning the law along the way and finally punching a hole in the dam last year, freeing a lifetime's worth of people who had already given up hope. Naturally, I went on the hunt for other statutes to kill. My friend and fellow TLC alumnus Don Flanary of San Antonio

  •   Posted on

     November 5, 2014 in 

    Texas Penal Code Section 22.011, Sexual Assault: (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ

  •   Posted on

     November 5, 2014 in 

    Dear _, We are pleased to officially inform you that you have been chosen to receive this year's prestigious TOP 10 Attorney Award for the state of Texas. Through a multi-phase selection process, the National Academy of Criminal Defense Attorneys (NACDA) has chosen you to receive our organization's highest honor because of the hard work and dedication you have shown in protecting the rights of the accused.

  •   Posted on

     November 3, 2014 in 

    In 2013, while 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate), more than 97 percent of the remainder were resolved through plea bargains, and fewer than 3 percent went to trial. The plea bargains largely determined the sentences imposed. While corresponding statistics for the fifty states combined are not

  •   Posted on

     October 31, 2014 in 

    I recently had a discussion with a lawyer from another culture. One of my clients is a potential witness in one of his cases, and my client got tired of hearing from him. So I sent the lawyer a brief email asking that he not contact my client anymore. I said "please" and "thank you," but otherwise didn't mitigate my speech. Because the rule is very simple:

  •   Posted on

     October 31, 2014 in 

    I just learned that Houston criminal-defense lawyer (and frequent Defending People commenter) Charles B. "Brad" Frye died about an hour ago of COPD. RIP, Brad. Take care of yourselves, everyone else.

  •   Posted on

     October 29, 2014 in 

    I often say that criminal-defense trial practice is about playing "what's really going on here?" At every phase of a trial case, we are dealing with people who aren't telling us the whole truth, because they don't know it, don't know its importance, don't want to tell it, or don't want us to know it. The facts are usually, at first glance, bad for us (else the

  •   Posted on

     October 27, 2014 in 

    Dallas's index Ebola Zaire patient, Thomas Duncan, was at home for four days while he was symptomatic with Ebola. His family were not infected with the virus. While Duncan infected two nurses at the hospital during his final days (when he was leaking blood from every available orifice) he didn't infect the people who lived with him when he was very sick—sick enough to have gone to

Recent Blog Posts

Categories

Archive