A Loss
I had argued to the jury that criminal court is the wrong place for common sense. The argument did not go over well—I got feedback that I...
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Bennett & Bennett
bennettandbennett
- Apr 21, 2018
- 2 min
Overbreadth: It’s Simpler than You Think
From 1791 to the present … the First Amendment has permitted restrictions upon the content of speech in a few limited areas, and has...
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bennettandbennett
- Apr 21, 2018
- 4 min
Against My Better Judgment
“Enjoy the lawsuit I’m in the process of filing against you, psycho, arrogant, inferiority complex-ridden moron.” -Matthew, then. “I was...
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bennettandbennett
- Apr 17, 2018
- 1 min
Lawyers Needed to Litigate Against R.W. Lynch
Thanks to the several blog posts I’ve written about crooked lawyer-marketing company R.W. Lynch, I get about a call a month from some...
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bennettandbennett
- Apr 10, 2018
- 4 min
Never Argue Angry
I’ve got a case against a likely-soon-to-be-former member of the Smith County, Texas District Attorney’s Office in which I’m challenging...
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bennettandbennett
- Mar 2, 2018
- 2 min
Michael Corleone Gave Money to the Church
At 12:15 there will be an “Award Presentation Honoring Sens. Whitmire and Huffman; Reps. Smithee and Herrero and the Honorable J....
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bennettandbennett
- Mar 2, 2018
- 3 min
Contempt for the System? I Can’t Imagine Why!
[Edited to add: I have been asked whether this is fictional. The dialogue is not. The first judge’s comments can be found here and here....
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bennettandbennett
- Feb 16, 2018
- 1 min
Sometimes an Argument is Really an Argument
This is no less true of judges than other lawyers.Free-speech law has developed a lot in 30 years; most of that change has been in the...
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bennettandbennett
- Feb 14, 2018
- 1 min
Declare Victory and Go Home
The Fifth Circuit has ruled on the Harris County misdemeanor judges’ 5-million-dollar appeal of Judge Rosenthal’s injunction requiring...
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bennettandbennett
- Feb 6, 2018
- 2 min
The Chase Bank Whodunnit
12/13/2017 in Hong Kong, I realize that what I thought was the PIN for debit card is not the PIN for the debit card. I call Chase to get...
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bennettandbennett
- Feb 2, 2018
- 2 min
One More Thing
Art. 11.12. WHO MAY PRESENT PETITION. Either the party for whose relief the writ is intended, or any person for him, may present a...
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bennettandbennett
- Feb 2, 2018
- 2 min
Dishonest but Undivided
Integrity (N) The quality of being honest and having strong moral principles. The state of being whole and undivided. In response to this...
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bennettandbennett
- Feb 2, 2018
- 1 min
How is a Criminal Law not a Prior Restraint?
The term prior restraint is used to describe administrative and judicial orders forbidding certain communications when issued in advance...
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bennettandbennett
- Feb 1, 2018
- 3 min
The State’s Revenge Porn Arguments 5: “Essentially Intolerable Invasions of Privacy.R
Failing to make the case that revenge porn falls into one of the categories of unprotected speech listed by the Supreme Court in its...
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bennettandbennett
- Jan 31, 2018
- 1 min
The State’s Revenge-Porn Arguments 4: Speech Integral to Criminal Conduct
Having failed to justify section 21.16(b) of the Texas Penal Code as an obscenity statute, the State seeks hope elsewhere in the Supreme...
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bennettandbennett
- Jan 31, 2018
- 4 min
The State’s Revenge-Porn Arguments 3: Obscenity
Failing to convince the court that section 21.16(b) of the Texas Penal Code does not restrict speech, and failing to convince the court...
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bennettandbennett
- Jan 31, 2018
- 1 min
All But Their Four Fastest.
Our Mission: To receive, analyze and preserve physical and digital evidence while adhering to the highest standards of quality,...
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bennettandbennett
- Jan 26, 2018
- 2 min
The Defections Begin
I have butted heads with Mike Fields, judge of Harris County Criminal Court at Law Number 14, more than once, and found him a worthy...
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bennettandbennett
- Jan 25, 2018
- 2 min
Word of the Year, 2018
Every year ((Starting in 2017.)) instead of making resolutions I choose a word of the year. The word of the year is a guiding principle,...
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bennettandbennett
- Jan 24, 2018
- 2 min
Trial Lawyer Lesson: The Risk of “So You’re Saying”
Scott Greenfield has a post this morning that highlights a journalist’s paraphrase, in an interview, of her subject’s words. This has...
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