tag:blogger.com,1999:blog-7566778230970156239.post5719700113446297691..comments2024-03-28T00:50:16.901-05:00Comments on Life at the Harris County Criminal Justice Center: "Counting Scalps" RevisitedMurray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-7566778230970156239.post-35688387662206498242009-02-03T18:48:00.000-06:002009-02-03T18:48:00.000-06:00Tenderfoot,Some lawyers would be able to find less...Tenderfoot,<BR/><BR/>Some lawyers would be able to find lessons (other than "all mothers of DWI arrestees are morons) even in a case like that.Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-91131926568333654312009-02-02T23:50:00.000-06:002009-02-02T23:50:00.000-06:00You can no more control what a jury does than you ...You can no more control what a jury does than you can control the weather. Especially when morons are allowed to serve. For example, I had a DWI trial where a man arrested for DWI once, and a mother whose son was arrested for DWI were allowed to serve on a jury. Surprise! Surprise! Not guilty!Tenderfoothttps://www.blogger.com/profile/02892759706923972940noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-24444849208540653612009-02-02T08:32:00.000-06:002009-02-02T08:32:00.000-06:00I dunno. While jiǎntǎo has earned itself a bad na...I dunno. While jiǎntǎo has earned itself a bad name over the past few decades, if people can identify their own errors and both learn from them and teach from them, that should be a good thing. <BR/><BR/>Other than the fact that it's Lycos ordering it, is there any reason to think that this couldn't be a legitimate improvement tool?Joel Rosenberghttps://www.blogger.com/profile/14745514449389969195noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-30196339305280616222009-02-02T00:49:00.000-06:002009-02-02T00:49:00.000-06:00My memo;Dear DA Lykoks;The jury decided not to acq...My memo;<BR/><BR/>Dear DA Lykoks;<BR/><BR/>The jury decided not to acquit. I did my job and did it best to my ability. When I can control how a jury will rule then I will control the weather.Jasonhttps://www.blogger.com/profile/08351350773188711876noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-86785799911824096762009-02-01T20:12:00.000-06:002009-02-01T20:12:00.000-06:00Eh, this is a common thing. I civil cases it can ...Eh, this is a common thing. I civil cases it can help educate your clients on how to view future risks and offer or accept settlements. I have tried almost 100 civil cases, and learned something from every one of them. More from the losses than the wins.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-11889447889799242582009-02-01T11:08:00.000-06:002009-02-01T11:08:00.000-06:000903, Given the context:"I lost one murder trial t...0903, Given the context:<BR/><BR/>"I lost one murder trial to a jury. It was a tough case against an excellent defense attorney (Eric Davis)"<BR/><BR/>"Eric Davis is ___________, no doubt."<BR/><BR/>I think your assumption is a fair one.<BR/><BR/>Nearest English equivalent for nuance and scatology? <BR/><BR/>The shit.Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-20253490685177675332009-02-01T09:03:00.000-06:002009-02-01T09:03:00.000-06:00Mark,Not sure how you meant to use "el chingon" bu...Mark,<BR/><BR/>Not sure how you meant to use "el chingon" but depending on the translation - he can mean the following:<BR/><BR/>Bad ass<BR/>Pile of shit<BR/>the fucker<BR/>the boss<BR/><BR/>I am assuming you meant that Eric is bad ass.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-26840883985410807782009-01-31T21:00:00.000-06:002009-01-31T21:00:00.000-06:00Yes. Eric is a great lawyer and an upright man.Yes. Eric is a great lawyer and an upright man.Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-25049918701213870142009-01-31T18:40:00.000-06:002009-01-31T18:40:00.000-06:00Mark,I'm not up on my Spanish, so I hope El Chingo...Mark,<BR/>I'm not up on my Spanish, so I hope El Chingon is a compliment to Eric.<BR/>I would say that on every other murder case that I tried, the verdict usually came in within ten years of what the rec had been. Sometimes higher and sometimes lower.<BR/>In all fairness, the same can't be said for all of my OTHER types of cases. But on murders, yes.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-44278974801435130842009-01-31T18:18:00.000-06:002009-01-31T18:18:00.000-06:00Look at who the chief is and you will see why ther...Look at who the chief is and you will see why there is a leadership question.She is never around.This is nothing new.We feel as if we are on our own most of the time.A group of us are in dismay.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-39215049217845468692009-01-31T18:05:00.000-06:002009-01-31T18:05:00.000-06:00Anon 4:22If you find yourself do that or even thin...Anon 4:22<BR/><BR/>If you find yourself do that or even thinking of doing that, its time to leave. Your integrity is more important than the job.jigmeisterhttps://www.blogger.com/profile/01924600460740103836noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-46340688965494964462009-01-31T18:00:00.000-06:002009-01-31T18:00:00.000-06:00Murray,Eric Davis is el chingón, no doubt.But do y...Murray,<BR/><BR/>Eric Davis is el chingón, no doubt.<BR/><BR/>But do you mean to say that, except for that one, every murder case you tried resulted in the jury giving the accused at least as much time as you offered pre-trial?Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-75310683687904232252009-01-31T16:22:00.000-06:002009-01-31T16:22:00.000-06:00Windypundit,Very good point. That is the atmosphe...Windypundit,<BR/><BR/>Very good point. That is the atmosphere that I feel at the office now. It is one where people don't want cases that draw attention because they could be seen by Lykos. They also had better not lose. So, I feel there will be more hiding of exculpatory evidence than there was before. Word gets around the office quick and this new policy appears to be in response to a media case. The timing was suspect to say the least. So many see it as retribution. It just seems there is no leadership.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-11422154227863166892009-01-31T14:53:00.000-06:002009-01-31T14:53:00.000-06:00Out here in the business world, this sort of thing...Out here in the business world, this sort of thing is pretty common. Failure analysis is an important part of improving quality, so we ask ourselves "Why did that part break?", "Why didn't that couple buy a car from us?", "Why are defects up in the Chicago plant?", "Why was that new product unsuccessful in the market?" It's not necessarily a bad idea.<BR/><BR/>However, one lesson learned by experts on quality control is that there's a conflict between getting honest reports of problems and punishing people for those problems. If people will be punished for their mistakes, then they'll try to hide them. The Lycos administration can either use these reports for genuine improvement and training, or it can use them to cast blame and punish people, but not both.<BR/><BR/>So the only way this self-criticism process can lead to genuine improvement is if Lycos promises not to use them against the ADAs and if they trust her promises. If that doesn't happen, I'm sure a bunch of smart lawyers can find ways to hide their mistakes and wesknessesWindypundithttps://www.blogger.com/profile/01788171819370012437noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-61447424288749789072009-01-31T14:10:00.000-06:002009-01-31T14:10:00.000-06:00I agree with you that a certain number of cases sh...I agree with you that a certain number of cases should be tried before one makes Chief, I disagree with you that the person with the most trials should get the promotion. This is how it usually happened under Rosenthal. More trials does not necessarily equal a better leader and it does put pressure on one seeking to make Chief to try more cases. <BR/><BR/>Further, you are naive if you think recs are never inflated on cases an ADA is chomping at the bit to try. Not all ADA's are excellent trial lawyers like you are and need the boost in the win category.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-59582980779648605792009-01-31T13:21:00.000-06:002009-01-31T13:21:00.000-06:00I guess you still have to do a trial report. Self...I guess you still have to do a trial report. Self appraisal is not necessarily a bad thing, but should be done regardless of the outcome, in one report. Do away with the contested matters report altogether.<BR/><BR/>I hear there are some problems in the budget. Is she hiring too many of her buddies without consulting commissioner's court?jigmeisterhttps://www.blogger.com/profile/01924600460740103836noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-6043145537532327442009-01-31T13:02:00.000-06:002009-01-31T13:02:00.000-06:00When did this policy begin? Was there an email?When did this policy begin? Was there an email?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-91365143453158963012009-01-31T12:07:00.000-06:002009-01-31T12:07:00.000-06:00Anon 10:13,Although most cases do work out, there ...Anon 10:13,<BR/>Although most cases do work out, there are plenty that don't and it has nothing to do with inflated recommendations for plea bargains. Child sex abuse cases go to trial quite often, even if a deferred is offered, because the Defendant doesn't want to have to register as a sex offender. Plenty of other probation offers are turned down to avoid felony convictions.<BR/>Trial numbers are a factor in who makes chief, and they should have been. Trial numbers equal experience. A person who has never tried a case doesn't have any business telling others how to do it.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-91249430060816149832009-01-31T10:13:00.000-06:002009-01-31T10:13:00.000-06:00Getting promoted to Chief under the Rosenthal admi...Getting promoted to Chief under the Rosenthal administration was directly related to how many trials you had. If your cases were working out (as most cases do) you had to find a way to get trials. Nobody wants to try cases theyknow they will likely lose so with some ADA's that meant putting recs on "whale" cases that no reasonable defense attorney could take to ensure the case went to trial.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-61098657318601385852009-01-31T10:02:00.000-06:002009-01-31T10:02:00.000-06:00I'm not convinced Lycos' policy of a memo on Not G...I'm not convinced Lycos' policy of a memo on Not Guilty verdicts is based on saving her embarrassment. During the campaign, there was much talk about a lack of judgement on the part of some ADA's. Lycos vowed to turn things around. You can't make change without educating yourself about the problems and implementing some new policies. This may be a way for her to track what cases the office is losing and whether the NG verdict was just a runaway jury or a case that should not have been tried. And while her "No keeper cases" is a huge change it seems designed to give the case a fresh set of eyes to evaluate the case's merits. While not every ADA is going to like Lycos' new policies they seem to be designed to correct some issues that you refuse to admit ever existed.Anonymousnoreply@blogger.com