tag:blogger.com,1999:blog-8597101.post7719129630410331612..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: West Texas indigent defense: A Nolan County case studyGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-8597101.post-49406927095898188652015-02-10T10:34:56.500-06:002015-02-10T10:34:56.500-06:00It would be great if it were only rural counties t...It would be great if it were only rural counties that practiced this way.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-65893349755548467692015-02-10T09:14:48.627-06:002015-02-10T09:14:48.627-06:00I have practiced in many jurisdictions. Nowhere ha...I have practiced in many jurisdictions. Nowhere have I seen defendants waiving counsel and representing themselves when there is an attorney immediately appointed to them. That only happens when either the judge suggests it is a good idea or when they will have to wait until later to actually see a lawyer. Both of those tactics are illegal, but they regularly occur in many rural Texas counties.Alex Buninnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-67177605693140434172015-02-10T05:33:57.637-06:002015-02-10T05:33:57.637-06:00@John Young, the description of the process came f...@John Young, the description of the process came from Lisa Peterson. I suppose she could be making it up, but why would she?<br /><br />I don't know David Hall, but the situation she describes seems problematic, whoever is the judge.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-78918356969877386672015-02-09T18:38:21.689-06:002015-02-09T18:38:21.689-06:00Y'all sure you're talking about Nolan Coun...Y'all sure you're talking about Nolan County? Our CCL is, after last Lege, the 1st multi-county court at law covering Nolan, Fisher and Mirchell counties. Judge has been onthis bench for a couple terms as both CCL judge and now judge of state's 1st MCCL. Judge David Hall is an honorable and decent man and a fair judge. <br /><br />The hearings that the CA refers to as "Wild Wednesday (aka cattle call)" are arraignment hearings. The accused is arraigned and if he/she pleads guilty or says they want to plead guilty, he/she is admonished by the court as to the possible pitfalls of trying to negotiate a 'deal' with the county attorney. In addition to the verbal warning, the court provides a written admonishment as to the accused' right to counsel. The admonishment is similar to the one used in the CCLs in Lubbock Co.<br />As in many W. Texas misd courts, there is a 'jail call' or arraignment attorney to advise the accused and participate in any negotiations as well as explain admonishments and waivers. <br />I've practiced in W. Texas for 26 years and have been Board Certified in criminal law since 1998. Like many of your readers, I've appeared before judges who seem to sacrifice doing the right thing in favor of boosting numbers or political expediency. But David Hall is not one of those judges- he cares about getting it right. <br /><br />John Younghttp://www.jsylaw.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-55871716895549646312015-02-09T11:35:15.192-06:002015-02-09T11:35:15.192-06:00Well, dfisher, i would say I wouldn't have imm...Well, dfisher, i would say I wouldn't have immediately gone to critiquing her family relations in off-topic forum conversations. That seemed to me to get a bit personal for the context.<br /><br />Alex, I agree with you about Murray, I've seen nothing to make me think he's cynical enough to participate in such a charade. Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-80955239043808365862015-02-09T11:07:38.943-06:002015-02-09T11:07:38.943-06:00TriggerMortis, while Murray is a former prosecutor...TriggerMortis, while Murray is a former prosecutor and he holds that position in high regard, he is also a zealous defense lawyer and would never stand by while a client was railroaded.Alex Buninnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-15451473265789502602015-02-09T10:08:44.961-06:002015-02-09T10:08:44.961-06:00Sorry Grits, It was late when I posted, "as y...Sorry Grits, It was late when I posted, "as you confused niece/daughter". But my post was not aimed at being personal, just pointing out that even family members of TX prosecutors are held to be untruthful when representing defendants.<br /><br />The mommie dearest was aimed at All parents who deride their children's, or relations choice of professions, especially prosecutors.<br /><br />I hope your comment," Criticisms here aren't personal, or at least mine aren't." wasn't pointed at me, or was it...dfishernoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-38839157704952964372015-02-09T07:25:48.330-06:002015-02-09T07:25:48.330-06:00isn't this common practice in many if not all ...isn't this common practice in many if not all misdemeanor courts in Texas? "saves counties court appointed attorney fees."<br />If the goal is to save court appointed attorney fees how about reducing most of the existing misdemeanor offenses to fine only offenses? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-9919555174138664362015-02-09T07:15:04.856-06:002015-02-09T07:15:04.856-06:00What kind of self respecting criminal defense lawy...What kind of self respecting criminal defense lawyer signs up for that "stand by" counsel job?<br /><br />--------------------<br /><br />Other than the "self respecting" part, the answer would likely be a former prosecutor. <br /><br />Someone like Murray Newman perhaps...TriggerMortishttps://www.blogger.com/profile/13488782801153643342noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-23775035809985532082015-02-09T06:57:36.121-06:002015-02-09T06:57:36.121-06:00Disbar them all. Its the least society can do.Disbar them all. Its the least society can do.DH Lawhttp://www.dorothyhairstonlaw.com/noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-61822304750037201062015-02-09T06:12:12.327-06:002015-02-09T06:12:12.327-06:00The funniest part about that quote, dfisher, is th...The funniest part about that quote, dfisher, is that she thinks a public defender in New Mexico is rolling in "filthy lucre." Was confusing, though, as you confused niece/daughter.<br /><br />That said, I'm far more concerned with Peterson's official plea policies than any alleged filial failings. Criticisms here aren't personal, or at least mine aren't.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-80235396086025631722015-02-09T04:03:18.919-06:002015-02-09T04:03:18.919-06:00Nothing Lisa Peterson of Nolan CO says about indig...Nothing Lisa Peterson of Nolan CO says about indigent defendants rights surprises me after reading her 2011 post, wherein be says her daughter, a public defender, is a untruthful profession and the earning a filthy lucre.<br /><br />A true Mommie Dearest!<br /><br />Post on the TDCAA, Forms. <br /><br />Lisa Peterson<br />Member<br /> <br /> posted June 23, 2011 14:30 Hide Post<br />Defense counsel at the trial level was my niece - been trying to lure her from filthy lucre to the side of truth and right for nearly 15 years. She's a state public defender in the Four Corners area. Their office farms appeallate work out, so she wasn't involved in that - but, much as I hate to say - it was a pretty neat piece of lawyering at the trial level!<br /><br />Lisa L. Peterson<br />Nolan County Attorneydfishernoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-83510025709065199352015-02-09T03:40:44.057-06:002015-02-09T03:40:44.057-06:00I may be missing the point all together, but what ...I may be missing the point all together, but what is the difference between this and the court appointed lawyer telling the client that they will kill him if he doesn't plea bargain, without providing any evidence. Or the Detectives telling the suspect that they have all this evidence and tricking him into pleading guilty so he could go home. The suspect was 20 years old and had no memory of committing any crime due to alcohol and drug intoxicationLindanoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-3316943757773237512015-02-09T00:43:10.705-06:002015-02-09T00:43:10.705-06:00Sickening. How any licensed attorney on either sid...Sickening. How any licensed attorney on either side can perpetuate this is beyond belief. All involved should be disbarred.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-29526924639549880862015-02-08T12:14:42.719-06:002015-02-08T12:14:42.719-06:00Any system that gives the defendant a choice to ta...Any system that gives the defendant a choice to talk to the prosecutor now or wait for an appointed lawyer later is coercive and illegal.Jefehttps://www.blogger.com/profile/18001520110617628401noreply@blogger.com