Defending People

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Subpoenaing Out-Of-State Witnesses

Mar 12, 2010 3:15pm

Somehow I seem to have become the go-to guy for out-of-state lawyers trying to get Harris County witnesses subpoenaed to trial out-of-state. This is sort of a see-one-do-one-teach-one procedure, and I’ve done five, so it’s time for me to pass on what I know. The procedure is contained in the Uniform...

Judge Standley and the MADDing Crowd

Mar 11, 2010 12:54pm

Defending People readers know that I am not fond of MADD. There are huge opportunity costs and unintended consequences inherent in a single-issue advocacy organization having the political power that MADD has. Now, using a little bit of that stick to bring a county criminal court judge in to talk to...

Crazy Days

Mar 9, 2010 7:26pm

While we’re on the topic of stupid blog tricks, I got this telephone call yesterday: “I was just googling my name, and I saw it on your blog. I want you to remove it.” Um . . . okay. Who is this? “Jeff Deutsch. “ I know who Jeff Deutsch is. Jeff writes...

Tried to Comment on Texas Lawyer Blog

Mar 9, 2010 6:57pm

I tried to leave a comment on Texas Lawyer magazine’s Tex Parte Blog. I got this in my email from the Managing Editor of Texas Lawyer: Thanks so much for taking the time to comment on Texas Lawyer’s blog. To publish it, I need your written permission, full name...

Judge Fine and the Chronicle Back Off

Mar 9, 2010 6:44pm

A Houston judge who ruled last week that the proceedings surrounding the Texas death penalty are unconstitutional rescinded his ruling this morning to schedule a hearing for lawyers on both sides to submit arguments on the issue. (Houston Chronicle, from which the Keirnan and Allen quotes below also come) While...

Go Go Godzilla

Mar 8, 2010 6:04pm

I had a conversation recently with a woman who had accused her husband of hitting her. I was explaining her position in the criminal case: “You won’t have a lawyer, since you’re not a party. You’re a witness.” “I’m not a witness,” she replied indignantly, “I’m a victim.” This...

Parsing the Made-Up News

Mar 7, 2010 8:11pm

Friday, Fine clarified that he declared the procedures Texas has in place to carry out the death penalty unconstitutional, a legal parsing even to the prosecutors trying the case. The Houston Chronicle clings doggedly to the false proposition that Kevin Fine “declared the death penalty unconstitutional Thursday.” On Friday...

Legal Education or Experience Not Required

Mar 5, 2010 7:36pm

Findlaw is looking for a dreckblog writer: KEY RESPONSIBILITIES: - Track legal news and developments on a daily basis, using multiple information sources - Write blog posts reporting on legal news and related legal information of interest to a consumer audience, under the direction of an editor - Work with FindLaw Social...

Harris County Death Penalty Update: They Report, I Explain.

Mar 5, 2010 7:03pm

More news, documents, and analysis of Kevin Fine’s order holding the Texas death penalty procedure statute, Code of Criminal Procedure Article 37.071, unconstitutional: Yesterday I brought you the motion, and the order Judge Fine signed. I explained how the press had the story wrong (the death penalty isn’t unconstitutional; the procedural...

Judge Fine on the Constitutionality of 37.071

Mar 4, 2010 8:24pm

A courtroom observer reports that Judge Fine took judicial notice of more than 200 death row inmates exonerated, most due to DNA retests, which called into question many more cases where DNA was not available to retest. The following are approximate quotes from Judge Fine: I must decide what our evolving standards...