Criminal Law

And they're off!

Posted on November 19, 2009
Boy, that didn't take long, did it? Within only a couple of weeks of me writing this, we have news of a primary contest for the Republican candidate for the 432nd District Court. Local Fort Worth attorney Tom Zachry has...

An open letter to Mike Ilitch, Detroit Tigers owner

Posted on November 12, 2009
No, this has nothing to do with law or elections or anything like that. This is being written because this blog receives an average of 1400 hits per week, and with any luck, someone somewhere will pick it up and...

If justice is blind, does she still poll the voters?

Posted on November 08, 2009
To the judge or to the jury, that is the question. This is not so much a legalistic interpretation of Hamlet?s preeminent line, but rather the conundrum of the modern day criminal defense attorney. You see, in Texas, prior to...

No habla ingles

Posted on October 29, 2009
It sounds too ridiculous to be true. If anyone should know what crimes the police can charge you with, it should be the police, right? I mean am I asking too much for the cops to know what the hell...

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So you want to be a lawyer?

Posted on October 19, 2009
You think you want to be a lawyer, huh? You don't. Trust me. I say that as someone that not only is a lawyer, but someone who hates lawyers. Do something else. Let me guess. You want to be a...

Words matter

Posted on October 07, 2009
Words matter. They do. Whether they are the simple ones we like to hear like, ?You?re hot? or ?I love you? or they are the ones we don?t want to hear, ?It?s not you, it?s me? or ?I don?t love...

Where's the reset button on this thing?

Posted on August 27, 2009
Perhaps we have become accustomed to picking up the morning newspaper and reading another story of a wrongfully convicted person freed because DNA proved the person did not commit the crime in question. As a general rule, there is no...

I hate to say I told you so, but...

Posted on August 21, 2009
I told you so. Call me Captain Clairvoyant. But just as I speculated about over a month ago will come to fruition. Tarrant County is getting its first Hispanic felony court judge. This afternoon Governor Rick Perry, probably following my...

Is it time?

Posted on July 21, 2009
Few things about judges capture the nation's attention the way a Supreme Court confirmation hearing does. After all, most people have no exposure to judges or the courts except through a hearing such as Judge Sotomayor's confirmation hearing. I think...

My Docket is Bigger Than Your Docket

Posted on July 16, 2009
There are more than five months before the deadline to file as a candidate for a judicial office here in Texas in advance of the 2010 election, and yet some are already in campaign mode. Given that judges in Texas...

Client Control

Posted on July 15, 2009
I love this phrase. It shows a complete lack of understanding of the justice system, as well as the attorney's role in it. It makes me laugh. It makes me cry. Well, maybe not cry. All too often I hear...

Catalano for Judge Campaign Fundraiser

Posted on June 25, 2009
Just a reminder that Robb Catalano's Campaign for Criminal District Court No. 3 has a fundraiser tonight at Daddy Jack's from 4:30 to 7:00. Daddy Jack's is of course here. And people (read prosecutors) thought I only used this for...

Scooped?

Posted on June 21, 2009
There are really only about three things I can claim to do very well, and needless to say, investigative reporting is not one of them. Of course, that doesn't mean I can't scoop the famed Fort Worth Star-Telegram. I recently...

Boom Goes the Dynamite It's always

Posted on June 12, 2009
Boom Goes the Dynamite It's always nice to see that no matter how bad your day in court was, it could be worse. At least you didn't sound like this guy in front of the jury.

The Race for 3

Posted on June 09, 2009
It's official. Well, as official as these things get, I suppose. Judge Elizabeth Berry will not be running for reelection in 2010 for Criminal District Court 3. That means we will have a new judge. Who will it be? I...

Tarrant County on track for new felony district court

Posted on May 23, 2009
So it appears the criminal courts of Tarrant County are about to grow my one. Senate Bill 1553, which has passed the full Senate and now sits in House Committee, calls for the creation of five new district courts in...

Is this bad?

Posted on May 19, 2009
I'm just thinking out loud here, (ok, typing, but whatever) but does the word "reprehensible" seem like a good campaign slogan? Every now and then, what happens in state court comes back up in federal court. It almost never, ever,...

I stand corrected, again

Posted on May 07, 2009
Just ask my wife, I screw things up. Yesterday, I wrote about how the "Resign to run" provision of the Texas Constitution didn't prohibit a sitting District Judge from running for District Attorney unless the judge resigned the bench. I...

Resign to run?

Posted on May 06, 2009
With the appointment of Joe Shannon to be the interim Tarrant County District Attorney, the question of who will ultimately be the next D.A. is the hottest question in the courthouse. It's been reported that Shannon would accept the position...

Politics or pragmatism?

Posted on May 05, 2009
Word out of Austin is that longtime Assistant District Attorney, and former Democratic state lawmaker Joe Shannon will be appointed by Governor Rick Perry to the remainder of the late Tim Curry's term as Tarrant County District Attorney. Shannon's appointment...

Will coattails be a bad thing?

Posted on May 01, 2009
In the wake of the death of longtime District Attorney, Tim Curry, Tarrant County will have a new District Attorney for the first time in 36 years. Who will it be? At the present time, longtime first assistant Alan Levy...

Because it never gets old This

Posted on April 27, 2009
Because it never gets old This is for the attorney/ firm that told my client her Second Degree Felony drug case would be 1-800-Dismissed if she hired them. You know who you are. I'm coming for you.

Tarrant County District Attorney Tim Curry, dead at age 70

Posted on April 24, 2009
Long-time Tarrant County District Attorney Tim Curry died this morning at his home after a long fight with lung cancer. Diagnosed in mid-2008, Mr. Curry had been undergoing an aggressive form of cancer treatment. For the last several months, Mr....

Ten Rules when Hiring a Criminal Defense Attorney

Posted on April 23, 2009
For most people, being involved in the criminal justice system is likely the most stressful, intimidating, and potentially ruinous situation within which they have ever found themselves. People like this have likely never had a use for a criminal defense...

Ask the experts: Judge Sharon Keller has to go

Posted on April 22, 2009
Here's an interesting twist in the ongoing saga of whether Presiding Judge Sharon Keller of the Texas Court of Criminal Appeals. It seems those that actually know legal ethics seem to think Judge Keller is, well, ethically challenged. In a...

Hey, it could have been worse. Right?

Posted on April 03, 2009
Yesterday, down in the sticks Johnson County, a man was sentenced after being convicted of six counts of Aggravated Sexual Assault of a Child, four counts of Indecency with a Child, and two counts of Sexual Performance by a Child....

Finally

Posted on March 31, 2009
This has absolutely nothing to do with law whatsoever. But I'm so giddy, I can't help myself. My favorite team, the Detroit Tigers, have finally made the move to correct one of their biggest mistakes in the last three years....

When did you stop beating your wife?

Posted on March 30, 2009
Domestic violence is bad. It is. I'm not sure you'll find anyone that condones it. But in many respects, this is true with any criminal activity. But like its cousin, DWI, Domestic Violence is often a politically-charged crime. It plays...

Judge Keller Blames the Victim

Posted on March 25, 2009
One thing that defense attorneys often do that most prosecutors despise is to blame the victim. We put the victim on trial. If we can blame the victim for the predicament our client is currently in, then perhaps we can...

Federal Criminal Defense

Posted on March 23, 2009
They say "Death is different." This references the specific requirements for handling a death penalty case. The same is true for federal criminal defense. Bottom line? If you don't know what you're doing in federal court, it's probably not the...

Election time....sort of

Posted on March 10, 2009
I love election time. What a great time during the year. Along with opening day at the ballpark, it's one of those truly American days. Of course, it's March after an election, so why am I talking about an election?...

of choices and chances

Posted on March 06, 2009
There is a process called the jail run. I'm not a fan. Not so much in terms of principal, but rather because I find that I am personally ill-suited to do much good there. Essentially, a judge will bring to...

And the hits just keep on coming

Posted on March 01, 2009

Random Musings

Posted on February 24, 2009
Sometimes, I just don't have a lot to talk about from a legal standpoint. It happens. But don't think I don't have anything to write about. No such luck for you. So, I offer you my random musings. Although, I'm...

Who would you rather defend? The Sharon Keller Edition

Posted on February 20, 2009
Almost a year and a half ago I posted a relatively simple question: Who would you rather defend? In the post, I relayed a question posed to me by a college friend of mine. Essentially, the question was, of the...

Judging the judge

Posted on February 16, 2009
All jokes aside, sometimes judges do things that require them to be judged. To be held to a higher standard. To be called upon to act at a higher level than the general public. Some, if not many, might call...

I'm so board

Posted on February 15, 2009
Is being board certified by the Texas Board of Legal Specialization any different than saying you are a former prosecutor? Does it make you a better attorney? Is it any more than just a marketing ploy? I?ve tried enough cases,...

I'm just not that in to you

Posted on February 04, 2009
There seems to be a perception that clients (or perhaps more appropriately, potential clients) possess all of the bargaining power when choosing an attorney. I think this is based on the idea that the client needs an attorney and the...

Anxiety is the difference between "now" and "then"

Posted on February 03, 2009
Strange things happen when you study psychology in college and then go on to become a trial lawyer. You start trying to figure out the psychology of your jury. You start evaluating your case from the psychological perspective of your...

No thank you. I'm driving.

Posted on January 29, 2009
You really have to hand it to those Texas legislators. I feel warm and fuzzy knowing they are doing everything they can to ensure Texas is a great place to live and work. And if State Representative Chente Quintanilla of...

Next?

Posted on January 28, 2009
Apparently, there are currently 55 vacant federal judicial openings awaiting President Obama. Of those 55, 19 are considered "Judicial Emergencies." A "Judicial Emergency" is actually defined, courtesy of www.uscourts.gov, as "Circuit court any vacancy in a court of appeals where...

My Client's a Moron, But That's Not Against the Law

Posted on January 27, 2009
Ah, yes. One of my favorite lines from one of my favorite movies, A Few Good Men. I have, on occasion, used this line when discussing the actions of a client. Now, as it turns out, I can use it...

And the other shoe drops

Posted on January 19, 2009
Defense attorneys don't like prosecutors. Prosecutors don't like defense attorneys. Water is wet and the sky is blue. What's new?I recently allowed an anonymous prosecutor (no, I'm not saying who it is, ever.) to post the Top Ten Things Prosecutors...

Separation Anxiety

Posted on January 12, 2009
Should the government be able to use internal judiciary investigations as the basis of a criminal obstruction of justice prosecution? That is just the issue raised in the federal prosecution of United States District Judge Samuel Kent of the Southern...

My name is Shawn Matlock, and I have been racially profiled. Again.

Posted on January 08, 2009
Yeah. I know. I am a danger to society. A menace. A criminal in waiting. Except, not.It appears our friendly neighborhood Fort Worth Police Department have it out for me. Again. If you will recall, I posted some time ago...

Guest Post - The Anonymous Prosecutor Vents

Posted on January 05, 2009
It seems that the purpose of blogging from the criminal defense bar is to complain about ignorant prosecutors that don't understand the lives of criminals defendants, or to talk about how great you are as a defense attorney. I realize...

An end to straight-ticket voting?

Posted on January 04, 2009
No, this has nothing to do with criminal law. Well, maybe it does. It seems a San Antonio State Senator, Jeff Wentworth, has decided to try to do away with straight-ticket voting in Texas, again. According to a story in...

Hiring a Criminal Defense Attorney - Rule of Thumb #3

Posted on December 29, 2008
Know what you're buying. As a good friend of mine has been known to say, the problem with lawyers is that we don't make anything. We don't grow crops, we don't build cars, nor do we make ballpoint pens. We...

How much is your kid worth?

Posted on December 23, 2008
Juvenile defense has become somewhat of a larger part of my practice than I ever really imagined it would. Perhaps it is because so few attorneys actually handle juvenile cases, or for another reason that I can't think of. In...

Hiring a Criminal Defense Attorney - Rule of Thumb #2

Posted on December 23, 2008
Now that you realize you will have to actually spend money, possibly a lot of money, when you hire a defense attorney, how do you go about actually deciding on the one you want. Well, the easiest way to go...

Hiring a Criminal Defense Attorney - Rule of Thumb #1

Posted on December 23, 2008
Brian Tannenbaum over at Criminal Defense recently wrote a great book on hiring a criminal defense attorney entitled ?The Truth About Hiring a Criminal Defense Lawyer.? It?s a good read for anyone that is actually doing some research before they...

Because, in the end, we're all family

Posted on December 20, 2008
Just as with sports I suppose, the legal profession has its rivalries and animosities. But at the end of the day, win or lose, we know we will see each other on another day, in another court, on another case....

No Honor Among Cops

Posted on December 10, 2008
I have a client that hired me over a year ago because she felt that her former employer would try to retaliate against her for making claims of improper behavior in the workplace. So, over the last twelve to fifteen...

The BCS debacle

Posted on December 08, 2008
Just as an aside from the normal conversation on this blog. Specifically, the detailed scholarly conversation about all things legal-related, as well as the witty opinion of all things. Seriously, all things. While I don't know that I favor the...

The economics of criminal defense

Posted on December 06, 2008
The economy is slumping. We just learned that we are in a recession, and in fact, we have been for a while now. People are out of work. Plants are closing and companies are folding. (Hell, Circuit City opened a...

Courthouse fashion...or not.

Posted on December 02, 2008
In case you missed it, I haven't really had a lot to write about lately. Maybe it's the holidays. Maybe it was my trip to Oregon. Maybe I've been too busy at work. Whatever the reason, I just have not...

Bailout?

Posted on December 02, 2008
This is an interesting story. Tarrant County District Clerk Thomas Wilder is being sued for allegedly eliminating the jobs of Peter Hinojosa who ran against Wilder in the Republican primary with the help of Bobby Cook. The lawsuit is against...

Where in the world is Shawn Matlock?

Posted on November 20, 2008
I know, I know. It's been a while. Every now and then I have to back away and reset. It happens. Too much of this for too long tends to cause me to lose focus, and that is bad for...

The Typical Fort Worth/ Tarrant County DWI

Posted on October 25, 2008
Driving While Intoxicated is perhaps the most unique criminal charge in Texas, and perhaps the most prosecuted. A DWI is essentially an opinion crime; that is, it is the opinion of the officer whether a person is charged with DWI,and...

A Conservative Republican for Obama?

Posted on October 19, 2008
The big news in politics today is that President Bush?s former Secretary of State, Colin Powell, is endorsing Senator Barack Obama for president. Personally, I don?t see why this is a big deal. It doesn?t matter. Senator Obama will win...

Under Pressure

Posted on October 07, 2008
Under Pressure ?Pressure pushing down on me Pressing down on you no man ask for Under pressure - that tears a building down Splits a family in two Puts people on streets? Queen with David Bowie. Democratic candidate for Criminal...

Ignorance is bliss, except...

Posted on October 02, 2008
This is a sign posted in the visitation area of the Tarrant County Greenbay Detention Facility. A free prize for anyone that can spot what's wrong with this picture.

Under Pressure ?Pressure pushing

Posted on September 30, 2008
Under Pressure ?Pressure pushing down on me Pressing down on you no man ask for Under pressure - that tears a building down Splits a family in two Puts people on streets? Queen with David Bowie. Democratic candidate for Criminal...

I think my Google is broken

Posted on September 26, 2008
My apologies to Judge Salvant for stating that he had no website. It didn't take a reader long to point out that the judge does in fact have a website for his reelection to the bench of Criminal District Court...

Now Hiring: Judge Criminal District Court Number Two of Tarrant County

Posted on September 26, 2008
There is only one contested criminal court judicial race this year in Tarrant County. That race is for judge of Criminal District Court Number Two. Republican incumbent Judge Wayne Salvant faces Democratic challenger Maureen Tolbert. First, why are Tarrant County?s...

What is your verdict? It's the economy, stupid.

Posted on September 26, 2008
Scott Greenfield posts today about the effect of the economy on juries. His post comes on the heels of a post by Anne Reed at Deliberations that discussed the Sixth Circuit case of Smith v. Berguis. In Smith, the court...

So you've been arrested in Tarrant County?

Posted on September 25, 2008
A person arrested in Tarrant County is probably going to have his or her case set in the Tarrant County Justice Center located at 401 W. Belknap in downtown Fort Worth. Depending upon the type of case, it is classified...

Tarrant County's Felony Alcohol Intervention Project (FAIP)

Posted on September 23, 2008
Tarrant County implemented the Felony Alcohol Intervention Project, or FAIP, in 2007. The mission statement sums it up pretty well: To capitalize on the trauma and consequences of an arrest by early intervention in the alcoholic's course of conduct. From...

Apple of my eye

Posted on September 19, 2008
I am often asked how I run a law office using only Macs. It's easy really. Very well, thank you. I am somewhat known for the fact that everything within my firm is a Mac. In a world of crashing...

Holy Land Foundation - Redeux

Posted on September 15, 2008
Jury selection (such as it is in federal court) begins today in the retrial of five defendants charged in United States District Court for the Northern District of Texas of various crimes associated with funding terrorism. The original charges in...

The Shoe on the other foot

Posted on September 14, 2008
I am often asked how I would like it if I were the victim of a crime and the accused had a defense attorney that tried to get their client out of trouble in the same manner in which I...

Pop quiz, hot shot.

Posted on September 09, 2008
Some movies are so bad they become almost iconic. Strangely, many of them have Keanu Reeves. (I am an F-B-I agent!!) But no matter how bad the movie might be, they always have great lines. Hence the title. One of...

Mom's Bail Bonds - Fort Worth

Posted on September 03, 2008
While many might disagree, I am actually a relatively easy-going person. Sure, I might seem serious all the time, but in reality I?m just rocking through life like most everyone else. Although this is true, there are times when I...

Rudy?

Posted on August 29, 2008
So after a long morning in court, and a hotter-than-expected walk back to the office, I return to the TV in the office on to the live broadcast of the Republican rally in Dayton, Ohio. I knew earlier that Alaska...

Drink. Drive. Go to jail. Really?

Posted on August 28, 2008
We have all seen the billboards around that read ?Drink. Drive. Go to jail.? Mimi Coffey even put up her own billboard arguing against them. For the longest time, I just assumed this was standard scare-tactic propaganda used to frighten...

Who says cops are no fun? I just

Posted on August 18, 2008
Who says cops are no fun? I just couldn't resist this one. I'm sorry. It was brought to my attention because the news anchor, Jennifer Cabala, was the local anchor in Cheyenne, Wyoming when I was in law school. She...

Blogging like never before

Posted on August 12, 2008
It used to be when I thought of something about which to post, I had to sit at the computer or stop what I was doing on my laptop to post. Those days are over. Thanks to the new iPhone...

Integrity is doing the right thing, even when no one is watching

Posted on August 12, 2008
In June, the Texas Court of Criminal Appeals created the Texas Criminal Justice Integrity Unit. The goal of the 13-member unit is to address the growing concern surrounding the state's criminal justice system. The unit if made up of judges,...

The F*** Off offer

Posted on August 11, 2008
Every so often, I venture outside the friendly confines of North Texas. I take a case, usually against my better judgment, in a jurisdiction I would not generally stop in if I was driving through on my way to someplace...

Is this bizarro world?

Posted on August 07, 2008
Imagine you are a criminal defense attorney representing a person accused of capital murder. This is no easy task. You have a lot of work to do, and it is not likely to be an easy adventure. After all, the...

Rocking the Mag Court

Posted on August 04, 2008
The Magistrate's Court. It's in the basement of the Tarrant County Justice Center. It's not a real court (I don't mean that in a bad way). It's the place where felony cases go typically before they have been indicted for...

Where does the time go?

Posted on July 25, 2008
Being in trial can be tough sometimes. Just being out of the office for a couple of days while things pile up can cause for long working weekends. Make that trial a federal drug conspiracy involving international drug smugglers with...

The Pretender strikes again

Posted on July 17, 2008
Ari Gold vs Josh Weinstein I suppose that in every profession, there are those that pretend to know what the hell they are doing. They are generally not terribly bright, and don't usually know what they are doing. In the...

No snitches

Posted on July 16, 2008
You really have to hand it to a guy who is in a position to really help himself out with regard to sentencing by flipping on people for the government, yet he chooses not to. A first-time drug offender can...

A Broken System?

Posted on July 01, 2008
In the 1980's, the Tech Rapist terrorized women on the Texas Tech University campus in Lubbock. I was maybe eleven years old. I still vaguely remember the news accounts from KCBD in Lubbock. In January, 1985, Lubbock police went to...

Rusty Duncan 2008 - Thank you and good night

Posted on June 30, 2008
In case the five or six of you that might actually read this blog on a regular basis were wondering, I have been in sunny San Antonio for this year's Rusty Duncan Advanced Criminal Law Seminar. I wanted to try...

DWI is not a crime

Posted on June 24, 2008
I have, for some time now, wanted to post on DWI in general. Not so much in terms of what a suspect should or should not do, or even really the "nuances" and pitfalls of DWI law, but rather on...

Sharks: The rabbit foot never worked for the rabbit

Posted on June 19, 2008
Before leaving for Vegas, more than several people wished me luck. I hate that. All of them knew that it was HIGHLY likely I would play poker. But for whatever reason, people insist on thinking that it is really luck...

Jail: It's like living in the 1600s

Posted on June 19, 2008
In yet another in what has been a string of questionable deaths at Tarrant County Jail, a 35-year-old Dallas woman died on June 13th while in the custody of the county. Adrienne Lemons died of an apparent untreated staph infection...

Disappearing Act?

Posted on June 18, 2008
No, I haven't pulled a Kobe Bryant and completely disappeared like he did in Game 6 of the NBA Finals last night. But, I have been gone for a while on a much-needed vacation. Throw in an extended trip to...

The feeling

Posted on June 08, 2008
It's a mind-numbing experience. Everything slows down. You can not only feel your heart beating, but hear it as well. Your breathing seems to drown out the rest of the world. In fact, at that moment, there is no rest...

Great Google-ly moogley

Posted on June 04, 2008
This whole site tracking thing on this blog is pretty cool. You can see how people came to this blog. Did they type the URL directly, did they link from my website(

Sharks - Getting value in poker and litigation

Posted on June 01, 2008
Knowing how to value your cards, and perhaps more importantly, your opponent's is a basic core concept of poker. The first lesson of poker is to reduce betting on bad hands while recognizing good ones. The same is true in...

Tattooed

Posted on May 30, 2008
Yesterday in the 213th District Court, Phyllis Dawn Harvey, known as the "Tattoo Bandit" got tattooed by a Tarrant County jury for her 12 day crime spree last July and into August. The spree began July 21 with a carjacking...

Sharks

Posted on May 29, 2008
Perhaps it is fitting the two times the word "shark" is used to describe someone are when referring to a lawyer and a poker player. For most of my life it seems, I have been fascinated by the correlation of...

Cops as crooks

Posted on May 20, 2008
An interesting story out of the L.A. Times discusses a former L.A.P.D. officer sentenced to 102 years in federal court for his involvement in a robbery ring in which several officers conducted bogus drug raids staged to look like legitimate...

The Wheel and the well-meaning relative

Posted on May 12, 2008
The second case I helped defend when I returned to Texas was a nasty aggravated sexual assault case. The facts were very bad, but that was only if they could be proven and both sides knew that was questionable. The...

Heard at the courthouse today - Part 2

Posted on May 09, 2008
During a Preliminary/ Detention Hearing in the United States Magistrates court the following question was asked: "Other than being a crook, does he work for the D.E.A. in another way?" The question was asked by the judge.

Crying wolf

Posted on May 06, 2008
In an unusual case, an Arlington woman was convicted and sentenced to five years in prison for her role in the shooting death of her lover. Tracy Roberson, represented by local attorneys Jill Davis and Kim Minnick, must serve at...

Can you imagine?

Posted on May 04, 2008
Dallas County District Attorney Craig Watkins is pushing for severe punishment for those that violate the law. Nothing new about that, right? Well, the difference is the potential offenders might well be in his own office. Or any other District...

The latest sign of the apocalypse

Posted on May 01, 2008
After court today, I stopped by the downtown Barnes and Noble. I was looking for a book on Thomas Jefferson. Specifically, I was looking for a new version of "American Sphinx" because I have apparently misplaced mine, and after watching...

A War Criminal, A Nazi, and I walk into a bar

Posted on April 29, 2008
We all order a beer, but the bartender only brings one beer. Why? Well, apparently we are one in the same. As you recall, I posted a simple question of which character trait would you most want in a defense...

People say I am ruthless. I am not ruthless. And if I find the man who is calling me ruthless, I shall destroy him."

Posted on April 29, 2008
So said Robert Kennedy. It is amazing how much contempt you can garner when you throw a silly little post up on Sunday night after a few cocktails. I recently posted a completely rhetorical post about character traits found in...

What's better?

Posted on April 27, 2008
It has been said many times that to defend someone you must have a certain amount of empathy. Many have said defense attorneys must have this, whereas few prosecutors have it at all. It seems like Mark Bennett made a...

The opponent

Posted on April 27, 2008
During the recent run-off election for the 213th District Court, there were several arguments for and against both candidates. There were those that said that because Lisa Callaghan was board certified she was the most qualified, whereas there were also...

A Canard

Posted on April 25, 2008
So yesterday in a district court in Dallas, a day's worth of testimony revealed what many believed to be true. The email is fake. It appears everyone involved in the investigation of Judge Elizabeth Berry's alleged racist email believed the...

More on the H.V. case

Posted on April 21, 2008
For those interested in this case, there is a new article in Texas Lawyer about In the Matter of H.V. It has comments from not only myself, but also the two main prosecutors on the case as well as Professor...

Things that should always/ never happen

Posted on April 20, 2008
I've been called out. Yep, Scott Greenfield wants to know where I've been and why I have responded to his posts about things that should always happen and things that should never happen. I will admit I have been somewhat...

It's my party and I'll cry if I want to

Posted on April 19, 2008
It's certainly no secret that I am the personification of Alex P. Keaton. I am the Young Conservative Republican everyone loves to hate. It has gotten me in trouble. It has gotten me invitations. It has gotten me dates. Well,...

A Defensive Coup?

Posted on April 12, 2008
Last week was the Republican runoff for the 213th District Court. As I have written before, this is a criminal court, and obviously is of some importance for people like me. During the primary, there were three candidates; Bill Ray,...

Texas Supreme Court upholds juvenile's right to counsel

Posted on April 11, 2008
In an opinion issued today, the Texas Supreme Court did something it had only ever done one time before. It talked about Miranda. The Texas Supreme Court is a civil court. It doesn't hear criminal cases. Usually. As of 2003,...

Heard at the Courthouse today

Posted on April 10, 2008
"If you don't like the offer, why don't you just blog about it? It seems the only thing blogging is for is to talk about how great you are and bitch about stuff." Um, ok. I'll bitch. My Tigers finally...

Sturns remains on the bench

Posted on April 09, 2008
Judge Louis Sturns held on to his seat as judge of the 213th District Court in the April 8 Republican runoff. It was reported that Judge Sturns won 57 percent of the vote, handing Tarrant County prosecutor Lisa Callaghan a...

The visit

Posted on April 06, 2008
I hate going to the jail to visit clients. I'm not sure there are too many attorneys that actually enjoy it. The bureaucracy. The waiting. The smell. There are any number of things to hate about the trip. Of all...

The Duel in the 213th

Posted on March 26, 2008
As many of you know, there is an April 8 run-off election here in Texas. One of the races up for grabs on the Republican ticket is the race for the 213th District Court of Tarrant County. The 213th is...

The Judge Berry Fallout: Where are the sanctions?

Posted on March 25, 2008
That is what well-respected defense attorney Jack Strickland has asked. As I have posted here, two local defense attorneys, Glynis McGinty and Lesa Pamplin issued a news release calling for Judge Berry's immediate resignation as well as for the court...

Choices

Posted on March 23, 2008
Last week I sat waiting for my client's arraignment in federal court. There were several cases, and me being me, I was the last one up. Oh, for the patience of Job. As I sat there, I noticed a woman...

Bloggers are losers

Posted on March 18, 2008
For the most part, probably. But it must be true because Bob Costas said it. I mean, he knows stuff. Although he tries, the English language is not one of the things he knows well. Apparently Mr. Costas (we in...

The Judge Berry saga continues

Posted on March 18, 2008
I recently posted about the story of allegations levied against Judge Elizabeth Berry of Criminal District Court Number 3. The allegations were that Judge Berry had sent an email containing a racial epithet to her court reporter, Judy Miller. Now,...

Shark?

Posted on March 16, 2008
I've been called a lot of things before. Trust me on this. I can't repeat most of them. This is a family site. However, in the last week, I have been called a shark three times. I'm not sure if...

Who's out to get Judge Berry?

Posted on March 14, 2008
Recently, it was alleged that Judge Elizabeth Berry of Criminal District Court 3 had sent an email containing a racially insensitive remark. Allegedly, the email contained the word. You know. I heard the rumor at the courthouse, and dismissed it...

Yes, I'm still alive

Posted on March 14, 2008
I know I haven't posted in a while. I was in trial for the better part of this week, and it was slightly exhausting. So I took a few days off. I'll be back later today.

Codes and characters

Posted on March 08, 2008
So Mark Bennett recently said he doesn't think lawyers have codes to live by like everyone else does. I gave him a couple of mine in response. "Trial is war. There are no points for second place." "No case is...

Is there an election today?

Posted on March 04, 2008
So it's Super Tuesday, part two here in Texas. And of course there are some presidential primaries going on, but there are also some judicial races happening. Well, actually one that directly affects criminal attorneys in Tarrant County. The 213th...

When did we all become so damn serious?

Posted on March 03, 2008
I was thinking about this the other day, and it was somewhat brought back to me by Mark Bennett's post about being a good listener. At what point did we, as lawyers, become so caught up with ourselves that we...

...however, read the fine print.

Posted on March 02, 2008
Recently, I posted this apology to those that found themselves reading this blog for anything I might have written that offended them on a personal level. As I said, that has never been my intention with this blog. This blog is merely my mind on paper, well, um, you know what I mean...

Mea Culpa

Posted on February 27, 2008
I have considered whether to do this all day. I feel that this is the right thing to do considering the circumstances. Even though I was told this was not necessary (although I hope neither unwanted nor unappreciated), I have to take a moment to apologize to some readers...

Striking the religious

Posted on February 26, 2008
Every now and then, I feel the need to read. I don't just mean my subscription of ESPN the Magazine, but I mean, you know, the law. And stuff. So last week I'm doing my normal trial prep which typically involves trying to think of all the conceivable crazy things that might happen...

Just being a boy scout

Posted on February 26, 2008
So today I was set for trial in a rather nasty little assault case. My client was accused of nearly choking the alleged victim to death. My client has steadfastly refused to plead guilty to any offer. I didn't blame him. I thought from the beginning the State's case was weak...

My dogs and the law

Posted on February 24, 2008
I am writing this while sitting on my deck in the backyard. It's a beautiful day, so I am outside with the dogs. As I have been sitting here, drinking a beer smoking a cigar (not Cuban of course, because that would be illegal), my dogs have been, well, being my dogs...

What are you hiding?

Posted on February 23, 2008
No matter how we try to explain to jurors that when we object we aren't necessarily trying to hide something from them, the truth of the matter is we probably are. Not that that's a bad thing. I mean a lot of stuff the jury shouldn't hear about anyway...

God is a terrorist

Posted on February 20, 2008
I wonder about things. Certain things interest me that perhaps don't interest others. I'm a little different. I admit that. I don't think it's a surprise to anyone. So one of the things I have been wondering about lately has been the Federal Building here in Fort Worth...

Lights, camera, action.

Posted on February 19, 2008
Don't get me wrong about this. I look good on T.V. Not everyone can, but I do. It's a gift. Don't hate me. So I understand why some people might like to be on T.V. Especially lawyers. We all think we should be the CourtTV commentator. We're all experts...

County Line

Posted on February 19, 2008
As a general rule, I don't take cases outside of Tarrant County. The exception to that rule is that I will take federal cases pretty much anywhere. But for the most part, I don't go to other counties. This is true not just for Dallas County, but for the other surrounding Metroplex counties as well...

The presumption of not guilty?

Posted on February 11, 2008
About a week or so ago a friend and I were discussing various things we found important to stress at trial. One of them happened to be the presumption of innocence. I then asked, rather tongue-in-cheek I suppose, that if it really was the presumption of innocence then why don't our verdict forms read "Innocent" and "Guilty" instead of "Not Guilty...

Keeping up with the Joneses

Posted on February 06, 2008
Mark Bennett has been posting for what seems like an eternity on the slow motion meltdown of the Harris County D.A.'s office after the whole Chuck Rosenthal train wreck. That got me thinking. Why don't we have that kind of good stuff happen here? Tim Curry, the current and looooooooooooooong-time District Attorney of Tarrant County, doesn't seem to run into these types of disasters...

Super Tuesday for some

Posted on February 05, 2008
So I ran across this story from San Antonio about voters in Texas. And Super Tuesday. It appears the Bexar County Elections Department was inundated today with more than 1,000 phone calls from people wanting to know where to vote today, Super Tuesday...

Welcome prosecutors...and judges

Posted on February 05, 2008
I would everyone to give a big hello to all of the prosecutors and judges that have joined us. Over the last several days, maybe a week or so, I have noticed quite a bit of traffic coming from Tarrant County computers. So either the women in the clerk's office find me particularly hot (not as far-fetched as you might think), or we have a few prosecutorial visitors...

Just the cost of doing business

Posted on February 05, 2008
I have posted before about the ridiculous nature of the court-appointed attorney system of which we are burdened. There are any number of things I don't like about it. The fact that somehow a person who has tried five second degree felonies as a prosecutor is more equipped to defend someone of a comparable crime than someone that has SUCCESSFULLY DEFENDED someone of the same...

Putting the cart before the horse

Posted on February 04, 2008
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...

Kids these days

Posted on February 04, 2008
Welcome to Juvenile Court. The world of slightly criminal proceedings coupled with a quasi-civil nature, buttressed by everything going through the probation department...before there is probation. For anyone that has never been Juvenile Court in Texas, or at least in Tarrant County, it is a little different...

Live-blogging 1.2 - Texas v. R.B.

Posted on February 02, 2008
Well, after a day of absurdity in misdemeanor court, we had a verdict. Guilty. I hate DWI cases. This will become very evident with a later post. The trial was slightly different that most DWI trials. There was more than just one State witness...

Live-blogging 1.1 - Texas v. R.B.

Posted on February 01, 2008
Jury selection is complete. The panel was not that bad. I think jury selection is more about feel than anything else. Either you can tell about someone or you can't. It's an art, not a science. We had some really interesting people on this panel...

Welcome to live blogging - Version 1.0 - Texas v. R.B.

Posted on February 01, 2008
I am going to try this and see just how it works. I begin a simple DWI trial today in Tarrant County. My goal is to live-blog it as it happens. The goal is to blog before and after jury selection on Thursday and during the trial on Friday. It's a run of the mill DWI, but it's something different, and by God, why the hell not? Today will be jury selection...

Opposition Research

Posted on January 27, 2008
The other day I was in the courthouse having a random conversation with a fellow member of the defense bar. The topic of conversation turned to the divergent views of different prosecutors regarding a certain type of crime. During the conversation, my friend lamented just how little experience a certain prosecutor possessed to take the position she did...

Oh, to be a judge: who needs the fashion police when you have the fashion judiciary

Posted on January 25, 2008
And people say I'm weird because I like bowties. Puh-lease. At least I don't wear ascots. I read this on Anne Reed's Deliberations blog about her local prosecutor who decided he should wear an ascot to court. This is just high comedy. Maybe it's me, since I'm from Texas and all, but seriously who wears an ascot? You have to keep in mind this is some question from a guy who can tell you not only how to tie a bowtie, but the different shapes they typically come in and why or why not to buy a certain shape...

When being an aggie isn't bad enough: The story of the less than ideal victim of crime

Posted on January 25, 2008
Two Texas A&M football players were indicted for two counts of aggravated robbery recently. The victim? A local drug dealer. Aggies. Some times you gotta wonder. Apparently, Yemi Babalola, 21, and Brandon Joiner, 18, decided it would be a good idea to rob a drug dealer in an apartment on November 29th...

The games we play

Posted on January 25, 2008
Yesterday I posted about how defense work is a lot like poker. I received an email from someone not in the legal profession if I thought poker was the best possible analogy to defense work. I don't think it is. But I decided to throw it out there for my five, or six, maybe seven with the emailer, readers...

1-800-DISMISS

Posted on January 25, 2008
The very notion that a "law firm" would proudly proclaim that it can get criminal charges dismissed across the board without even knowing anything about them is repulsive. And yet that is what we have come to. 1-800-DISMISS. You see, some firms think that if they claim a case can be dismissed, they will somehow get more clients, and in turn, more money...

Living it up at the Hotel Cold Springs

Posted on January 25, 2008
According to the Fort Worth Star-Telegram, the Tarrant County commissioners and the Council on Sex Offender Treatment have entered into memorandum of understanding (whatever in the hell that is) that will allow the Tarrant County Jail's Cold Springs facility to house civilly-committed sex offenders...

Irritation

Posted on January 25, 2008
I was talking to a buddy of mine from college who is an attorney in another state and we began talking about the things in our job that irritate the hell out of us. He is a civil trial attorney, which is fancy talk for taking a lot of depositions and seeing the inside of a courtroom only when there is a discovery dispute, and rarely, if ever, for an actual trial...

Disturbing

Posted on January 25, 2008
Consider the following example, if you will. Client is arrested and cannot make the bond currently set. Client (or client's representative) hires Attorney A to defend him, including getting a lower bond set. Attorney A attempts to get the bond lowered, but is unsuccessful...

Know when to hold the, know when to fold them

Posted on January 24, 2008
Like it or not, being a criminal lawyer is all about risk. How much risk are you willing to take and for what amount of reward. You can always tell the Pretender by seeing how much they are willing to risk in a given case. But you can also spot him when you see what he wants...

Running for the bench

Posted on January 24, 2008
So last night I attended my monthly Republican meeting here in Fort Worth. As is usual, many of the local candidates for various offices made an appearance. They all had some form of pamphlet or biographical information about themselves, and of course, they were all happy to give it to you...