Overwhelming immutable facts that tend to show the defendant is indeed guilty of the crime charged can lead to some pretty creative excuses.
For example, defendant gives consent to search on tape and a baggie of cocaine is found in his right front pocket.
Extensive legal training isn’t necessary here. The client intuitively knows that unintentional possession is the only realistic defense, and so from time to time you’ll hear a lawyer in the courthouse saying, “Hey, my...
The Doctrine Of "Necessary Englishness"
I predicted some humorous tidbits would come from D.A. Confidential, and I’ll predict now that this post may be hard for DAC to top. I’m going to forgo substantive comments,...
D.A. Confidential
A new criminal law blog in Austin has popped up recently, but unlike those I recently posted about, this one comes in the black hat variety. That’s right: it’s written by a...
Every defense lawyer has wanted to file an answer like this.
From a real, live answer recently filed in a real, live case pending in a Texas state court (court, parties, and counsel redacted): I. Defendants assert a general denial under...
The Mind and Criminal Defense
I see that my buddy and noted Texas defense lawyer Mark Bennett is speaking at Center for American and International Law CLE called “The Mind and Criminal Defense”. It’s a...
Re: Not Commenting on Eldorado
Skimming law related posts on my RSS reader and I think to myself I should answer Grits’ question: “Why haven’t blogging lawyers weighed in on the Eldorado...
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