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If you have been a juror for a criminal trial in Texas and would like to share your experience please email me (robertATrobertguestDOTcom) or answer in the comments.

1. What was the offense?

2. What was the verdict/punishment?

Macbook Pro

I sent the Dell back last month and decided to get my first Mac. I”ve had my Macbook Pro (13inch) for a week now and let me offer a quick review.

This thing is fucking awesome.

It shall be the primary duty of all prosecuting attorneys…not to convict, but to see that justice is done.

Texas Code of Criminal Procedure 2.01

2.01 would seem to a pretty clear directive to prosecutors across the state, justice and conviction are two separate and distinct concepts. Whereas, the language of 2.01 deals only with convictions the principle is broader. 2.01 recognizes that not every violation of the law requires state intervention. The power to prosecute, to forbid activity, should be tempered with a spirit of justice.

I haven’t felt like blogging lately. I’ve been working on an upcoming DWI trial, and not working by spending time with my wife. As much as I hate the heat, I enjoy the late evenings in the summer. I walk the dogs, swim at our friend’s pool, and spend time in the yard pulling weeds. I’m working on that work life balance, and blogging has left the life part of the scale.

One of the problems of the SEO/GET ME CLIENTS NOW!/sell out blog is that it feels like I’m working. I feel like I’m writing press releases, not blog material.

Justia did what I paid them to. They increased my SEOness and told me how to write for maximum google love (hint use geography words in the title of each post). Justia is not the problem, they are a good company, responsive and honest.

Prosecutors and big firm lawyers have often asked how I started a successful solo practice. This is understandable. When a lawyer gets out of law school she has two things; a law license and a ton of debt. The first rung on the hierarchy of lawyer needs is a job that pays money. After that, meaning, autonomy, lifestyle, more money, etc become important.

Lawyers quickly become frustrated with the limitations offered by their current position and seek greener pastures. Prosecutors get tired of politics, “victims”, massive case loads, and stagnant wages. Big firm associates get tired of the legal fiefdom.

My motivation- necessity.The Kaufman DA realized that it was wrong to deprive criminal defendants of my services and quickly corrected the injustice.

Justice Thomas thinks it’s ok for the government to search your teenage daughter’s panties for Advil. Fortunately the eight other Supreme Court justices found such a perverse invasion of privacy unreasonable. Is there a less free place in America than a public school?

If there is, it’s the airport. Trey Garrison focuses his wrath on TSA security theater. He’s not taking his god damned shoes off. A must read for anyone who flies, or values freedom.

Another casualty in the war on pot. One problem with prosecuting pot smokers is that they are sent to the county jail. County jails are plagued with danger, disease, and incompetent oversight. The tragic death of Theresas Anthony in Houston is but the latest death sentence for a cannabis defendant. Ms. Anthony was serving a two week sentence for the “crime” of possessing marijuana.

During a DWI voir dire I often remind jurors that drinking then driving is not illegal sans intoxicaiton. That is why every bar in Texas has a parking lot.

But should it take a trip in automobile to reach a bar? Does our sprawl/automobile based society create DWI accidents?

First, a travelogue. My wife and I spent last week at a conference in San Antonio, and then spent Saturday in Austin. In SA we stayed at the Emily Morgan. The first night my wife and I walked to Casa Rio, had some drinks with dinner, and walked back. Two nights later at the TCDLA member party we walked to the Hilton, drank at the very loud “English” pub Mad Dogs (do people really wear plaid skirts and listen to Beyonce in English pubs?) and walked back. On both occasions picking a designated driver or hailing a cab wasn’t even a consideration, we could walk so we did walk.

The Flower Mound PD must have known I was short on blog material while at the RD conference. Thanks guys.

What happened? From DMN-

Last month, a Flower Mound man called police because he thought a group of teens were drinking at a neighbor’s house. He knew the woman who lived there was out of town, and her 17-year-old son wasn’t supposed to have friends in the house while she was gone.

I finally made it home from the Rusty Duncan advanced criminal law seminar. My wife and I spent 3 days in SA and stayed in Austin last night before returning to Ennis. I got more use out of my facebook iphone app in the last 4 days than I have in the last 6 months. The FB app allows for wonderfully simple travelogues. I would add a photo as I passed the Alamo, or ate dinner, or stopped at the Czech stop. I’m not sure how broad the appeal is of a 2MP photo of my wife at Casa Rio, my FB friends are probably hitting “hide” as we speak.

Those of you under 18 may not know this, but in the olden days of yore we used to take photos on an analog camera (it contained “film”, not a Sans Disk), drop those off after the trip to be “processed”, and then share them with friends. I often say that I feel like we are now in the future, and the FB/Iphone combo is one reason.

On Lodging-

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