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Putting the cart before the horse

By Shawn Matlock

Texas has a unique perspective on punishment. Well, ok, maybe a little more than unique given the number of people who receive the death penalty. But you see in Texas, you have to decide issues of punishment before you ever really start your trial. In Texas, you have to file an Application for Probation before you start your trial so that in the event there is a conviction, the defendant is probation-eligible. Also, you get to pick who you want to punish you, the judge or the jury. This is very disconcerting to some clients. I am a firm believer in preparing for trial by starting at the end. The two things I focus on the most are the jury instructions and my closing. Of course, neither of these remain the same from day one to the end of trial, but I think it is a good place to start...continue to full post

Full post as published by The Matlock Blog on February 04, 2008 (boomark / email).