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Recent Blog Posts

Don't Dial 9-1-1

 Posted on February 25, 2009 in Uncategorized

Steve Hobart says he'll never forget the frantic moments after his 19-year-old son was shot. He'll never forget seeing a bloodied Aaron Hobart die in front of his eyes as he struggled to give him CPR. "We wanted Aaron to get help," Hobart said with watery eyes Tuesday. "We didn't want him to die."Stafford police have said Aaron attacked officer Jesus Estrada after police responded to a 911 call at his parents' Aspen Lane home last week. During the struggle, Estrada shot and killed Aaron, police said.But Aaron's father and a family attorney said Tuesday that the unarmed, mentally ill man was shot four times after Estrada pushed him away.His father said Aaron was in a psychiatric crisis. He was delusional and had refused to take his medication. His parents hoped police would either persuade him to take the pills or take him to the hospital.

(Moises Mendoza, Houston Chronicle)

Instead of persuading Aaron to take his pills or taking him to the hospital, the scared 23-year-old kid who showed up with a badge and a gun in response to the 9-1-1 call shot Aaron to death.

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Prosecutors Are So Dreeeeeeamy!

 Posted on February 22, 2009 in Uncategorized

From the TDCAA forums, via Grits:

Hi, everyone. Some of you know me from my days prosecuting statewide for the AG's Office. I took a new position about year ago with the Office of Chief Disciplinary Counsel. Among other things, I am responsible for seeking compulsory discipline against any Texas attorney convicted of certain crimes; these include any felony of moral turpitude and all theft, barratry,and embezzlement cases. We do a pretty good job of learning of these cases and taking action, but as you can imagine, it is difficult to keep up with what every county in the state is doing. If you would, please contact me whenever you have convicted an attorney of one of these crimes, or even if you just know of someone who has been convicted. It will help us do our job better to make sure we don't have attorneys out there practicing who have no business doing such. If you're unsure whether a crime meets our definition please contact me and we can discuss it. Thanks so much! I still think prosecutors are the best bunch of people around and I am proud to know so many of you! Keep up the great work!

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A Defending People Retrospective

 Posted on February 22, 2009 in Uncategorized

It all began on March 19, 2007:

I'm a criminal-defense lawyer in Houston, Texas. I represent people accused of all sorts of crimes in state court all over Texas, and in federal court all over the country. In this blog, I plan to talk about anything that relates in any way to the practice of criminal defense law. In my mind, that's a very broad category, encompassing not only law and current events but also politics, religion, culture, society, sex, comedy, love, fear, literature, theatre, psychology, psychodrama, hypnosis, history, science, technology, and just about anything else that you could name.

Time now to check in.

  1. Law and current events? Check.

  2. Politics? Check.

  3. Religion? Check.

  4. Culture? Check.

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Post #999 – A Taste of Things to Come

 Posted on February 19, 2009 in Uncategorized

Takuan Soho, The Mysterious Record of Immovable Wisdom, from The Unfettered Mind: Writings from a Zen Master to a Master Swordsman

Even though you know principle, you must make yourself perfectly free in the use of technique. And even though you may wield the sword that you carry with you well, if you are unclear on the deepest aspects of principle, you will likewise fall short of proficiency.

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Pat Lykos's Diversity Record

 Posted on February 19, 2009 in Uncategorized

Murray Newman posts about Pat Lykos's terrific success utter and complete failure in making the Harris County District Attorney's Office more diverse. Not only are there not more non-white lawyers there than there were before Lykos came along, but there will also be fewer non-white lawyers in the Office a week from Friday.

My only complaint about Murray's post is that he throws away fodder for a several other blog posts.

  1. The A.D.A.'s are being told that the budget has already been expended.

  2. The morale within the Office continues to plummet.

  3. Lykos is spending a large amount of time in the basement parking garage smoking like a chimney while forcing her staff to come with her to talk business.

  4. The Office is hemorrhaging money having to pay for special prosecutors to handle every case where Jim Leitner or Clint Greenwood acted as defense attorneys.

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When Official Woman Kills

 Posted on February 19, 2009 in Uncategorized

The ordinarily-effete Texas Commission on Judicial Conduct, faced with bad press and public outcry (including a complaint from HCCLA), has grown some backbone and initiated formal public proceedings against Sharon Keller.

Here is the pleading.

The "official woman" of the title is not Keller, who is accused of ignoring the court's standing procedures to kill Michael Richard, but to Marty, who blindly followed Keller's instructions to cause Richard's death. It looks to me like Court of Criminal Appeals General Counsel Edward Marty is going to have some explaining to do at the time of the final reckoning.

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Steenking Batches

 Posted on February 18, 2009 in Uncategorized

Should I add these permanently to the blog somewhere?:

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Cross is Not Supposed to Be Angry

 Posted on February 17, 2009 in Uncategorized

Via Norm Kent (The Broward Law Blog), a prosecutor loses his cool during cross-examination:Stacey Castor questioned about day her daughter fell ill

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Blog for Profit. Please.

 Posted on February 16, 2009 in Uncategorized

You're going to the law bookstore looking for some interesting reads. You browse the spines of the books, pick one, and pull it down off the shelf. It's three hundred pages; every page ends with a call to action - "if you've been injured, call me." Skimming the text, you notice that the words "truck accident," "lawyer," "attorney," and a few others are mentioned over and over and over again. You put that book back and try another. It's got more of the same, except instead of "truck accident" it has repeated references to "DUI." You'd be interested in learning about both topics, but the writing with all those repeated phrases is hackneyed, and you don't care to be sold. That one goes back on the shelf.

The next book you choose has interesting information without the marketing; you put it in your basket and continue. After about fifteen minutes you realize that 75% of the books in the store are thinly disguised advertising. The other books are what you're looking for, but they're hard to find, and it's frustrating.

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Blawg Review #199

 Posted on February 15, 2009 in Uncategorized

This Week, in 2009 and in History

February 9th was the 100th anniversary of the federal "war on drugs", writes WindyPundit in 100 Years of FAIL. This week South Carolina cops did their part to expose the WOD for a pathetic farce. Radley Balkoff (The Agitator) writes in The Michael Phelps Witch Hunt Gets Surreal:

Richland County, South Carolina Sheriff's Department went out and arrested eight people on marijuana charges allegedly associated with the now-famous bong photo of Olympic swimmer Michael Phelps.

Houston prosecutor "Arthur Seaton" (Saturday Night and Monday Morning) never one to mince words, says of this, "Goddammit This is Stupid."

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