austindefender

Criminal defense in Austin Texas.

Free Speech and the Courts

| September 28, 2009

A Dallas lawyer wrote to ask what I thought about this New York Times article, which talked about cases where lawyers have gotten in trouble for blogging or using other “social media” to criticize judges. “Lawyers, whose freedom to criticize courts is limited by conduct codes, face special risks when using social media.” Basically, what […]

The Constitutionality of Texas Penal Code 42.07

| September 22, 2009

In March 2005, Nick Karenev sent a series of emails to his soon-to-be ex-wife, Elena. These messages predicted, among other things, that she would be sent to a mental hospital, or to prison, and that her mother would be paralyzed.  (At trial, he would testify he’d consulted a fortune teller, and was merely relaying the […]

Court Costs and Jail Time Don’t Mix

| September 15, 2009

Grits for Breakfast writes, “Inmate families offer the best and most frequently cited source of assistance for offenders who want to turn their lives around, but too often the state treats them as criminals, too, instead of as partners in promoting their loved ones’ rehabilitation.  Inmate families viewed as revenue source instead of anti-recidivism partners. […]

Copyright infringement isn’t theft.

| September 15, 2009

People sometimes talk about illegal copying as a kind of theft.  Technically – or legally – it’s not. Theft requires an intent to deprive the owner of the property.  When you take something – say, a ham, from HEB – you’re a thief if you intend to keep it.  (Theoretically, you’re not a thief if […]

Patrick Swayze is dead

| September 15, 2009

Whew.  For a second I thought it said “Patrick Stewart”.

Are You A Felon?

| September 12, 2009

Well, one Craig’s listing, one Friday afternoon, and $100 later I’m back online, upgraded, and – incredibly – all 300K + spam comments are gone from my database.  (Thanks Bob!)  I even sort of understand what I did wrong the first time. To celebrate, I’m going to talk about how incredibly thick-headed & hypocritical our […]

I hate wordpress

| September 6, 2009

I know I’m getting old. I know I’m not as smart as I used to be. But Jesus H Christ wordpress makes me feel stupid. But really, how hard does this need to be? List of things I can’t do on wordpress: 1. Get rid of spam. 2. Upgrade to the latest version. 3. Install […]

Improper Photography writ

| September 5, 2009

Writ Draft Despite the title, it’s not really a draft. It was filed in WilCo, but the underlying case was later dismissed, so I didn’t get to argue it. It’s not often you get to include a raft of sexy photos of half-naked women (and men) in a legal document, so this was a first. […]