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Law Humor

: Say What!

By Judge Jerry Buchmeyer

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June 1994 - Doing Voir Dire

From Jon L. Anderson of Lufkin, this excerpt from the voir dire in a capital murder case in Angelina County before Judge David Wilson (217th District Court). Jon was the defense attorney, and the prosecutor was Angelina County District Attorney Clyde Herrington.

Mr. Herrington: Where they used the word "intentional," if you say, "yes, it's intentional," then it's not automatic that it's deliberate. You have to look and say, okay; they intended to do it, but did they make a conscious decision? Yes, they did. Yes, it's deliberate. Or, if you think, well, they intended to do it, but they did it without really making a conscious decision. It's like if I knock that cup over, I intended to do that. I intended for that cup to go over. But I really probably didn't think about it, because if I had of, I would have realized that there was water in the cup? Okay?

Judge Wilson: Excuse me just a second. Would you go get a paper towel to mop up the water on the table?

Mr. Herrington: I've got a handkerchief, Judge.

Full post as published by Say What! on August 25, 2009 (boomark / email).

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