austindefender

Criminal defense in Austin Texas.

Jailhouse lawyer

| October 29, 2009

Adam Reposa’s habeas writ to the Court of Criminal Appeals was rejected the other day. Adam, btw, is the Austin criminal defense attorney who made a “simulated masturbatory gesture” in Court 6. Technically, it was aimed at the prosecutor, but the judge was not amused. He was sentenced to 90 days. The Court of Criminal […]

Cameron Todd Willingham, Part II

| October 27, 2009

I happened to catch a segment on CNN’s “Anderson Cooper 360” about the Willingham case, called “Keeping Them Honest.” It’s interesting. The purpose seems to have been to impugn David Martin, Willingham’s trial lawyer. But what it actually did, at least from my point of view, was to demonstrate CNN’s sloppiness. Randi Kaye (CNN): “The […]

Theft of Service – Debtors Prison?

| October 19, 2009

Theft of Service, Texas Penal Code 31.04, is a messy statute.  What it seems to say is that failing to pay your bills is the same as theft. § 31.04. THEFT OF SERVICE.  (a) A person commits theft of service if, with intent to avoid payment for service that he knows is provided only for […]

Foolish Laws, and Lawmakers

| October 9, 2009

The Texas legislature has a bad habit of creating a crime whenever it sees a problem out in the world somewhere.  Perhaps especially when the problem affects a special interest or a lobby. For example, did you know it’s a felony to bad-mouth a bank?  (Texas Finance Code – Section 59.002.) Or that it’s a […]

Cameron Todd Willingham, and the Texas Forensic Science Commission

| October 5, 2009

What’s worse than watching your children die in a fire? How about being falsely accused, convicted, and executed for killing them? According to the New Yorker, that’s what happened to Cameron Todd Willingham. In 1991 his three girls were killed in a pre-Christmas fire.  In 1992 he was convicted of killing them, and in 2004 […]