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7 Dec 2010, 4:41 pm by Mark Bennett
Channel 11 is reporting that the Texas Court of Criminal Appeals has ordered that the hearing in the John Green case on the unconstitutionality under the Eighth Amendment of Texas’s death penalty procedure be stayed. [read post]
12 Mar 2012, 2:59 pm by Mark Bennett
Nobody ever won a national election based on “love.” Fear or hope (which is just the sunny side of fear): these are the things on which presidential campaigns are built. [read post]
27 Nov 2012, 7:59 pm by Mark Bennett
Former Judge Mark Davidson, who often ranked at or near the top in local judicial polls, lost his bench in the Barack Obama tidal wave of 2008. [read post]
27 Dec 2010, 8:07 am by Mark Bennett
I’ve made some punishment arguments to juries that I’m very proud of—arguments that gave me shivers, that got my clients exactly what they wanted. [read post]
6 Aug 2011, 8:43 pm by Mark Bennett
From Texas Senate Bill 1761F, adding Section 82.0651 to the Texas Government Code: (c) A person who was solicited by conduct violating the laws of this state or the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas regarding barratry by attorneys or other persons, but who did not enter into a contract as a result of that conduct, may file a civil action against any person who committed barratry. [read post]
16 Oct 2012, 7:54 am by Mark Bennett
Here is a sample question from an exam I’m preparing to take on Texas criminal law. [read post]
25 May 2012, 1:14 pm by Mark Bennett
I’m in a continuing legal education program all day today, but if I weren’t I would write more about Brett Kimberlin, the “Speedway Bomber” who terrorized the town of Speedway, Indiana and went to prison for it 30 years ago, and whose critics are subjected to harassment, including: complaining to the victim’s workplace, defaming the victim online, “Googlebombing” the victim, publishing the victim’s address online, filing phony reports of criminal… [read post]
5 Oct 2010, 12:06 pm by Mark Bennett
Lawyers who try cases will get a chuckle out of Chris Daniel’s description, in his interview with David Jennings (part 1 of my commentary; part 2) of how to figure out how many jurors to summon to eliminate waste: Well, we could use statistical analysis to see how many people would typically be needed on any given day for a docket size. [read post]
21 Sep 2011, 7:40 pm by Mark Bennett
When Judge Standley talked frankly with Clear Springs High School kids about drug abuse, the school administration and MADD got their panties in a twist. [read post]
5 Oct 2010, 7:27 pm by Mark Bennett
In his interview with David Jennings (see my commentary, in five parts, here, here, here, here, and here), Chris Daniel says something downright interesting: There are certain judges who will remain nameless, who have files in their office solely because they’re afraid to send them to imaging because they know that if they send it to imaging, it will be online and it will ruin whoever’s file that is reputation. [read post]
5 Oct 2010, 6:29 pm by Mark Bennett
In his interview with David Jennings (my earlier commentary, in three parts, is here, here, and here), Chris Daniel renounces the idea of illegally redacting documents as they are filed, claiming that Chronicle Reporter Chris Moran “unfortunately misquoted” him. [read post]
22 Feb 2011, 1:37 pm by Mark Bennett
The Supreme Court has ordered that the referendum proceed with this structure that appears on the ballot. [read post]
15 Oct 2011, 8:25 am by Mark Bennett
Texas Code of Criminal Procedure Article 62.003 provides: (a) For the purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense under the laws of this state. [read post]