Stephen Gustitis’s Trial Blog


I am not in trial. My misdemeanor possession of marijuana case, set for trial on Monday, settled. My client’s dealer turned up to testify against him (Bad dealer. Bad!) and seemed to be a fairly solid witness; discretion being the better part of valor, my client chose not to risk a full conviction.

Next up is a murder / aggravated assault case next week.

I’ve learned that a visiting judge will be presiding over the case; she happens to have been my trial advocacy professor in law school. She also happens to have been the judge who married me and Jennifer. Oh, and the last time I tried a case before her I prevailed. Not that any of that helps me on this case, but it’s good to know what I’m dealing with.

The State is intent on trying my client and his brother together. I’m happy with that — my client’s brother is represented by Tyrone Moncriffe who, in my opinion, is one of the best criminal trial lawyers in the state. Tyrone is also a fellow alumnus of the Trial Lawyer’s College. Trying a case at the same table as a first-class lawyer like Tyrone is always a learning experience and, more importantly, fun. There will be great symbiosis between Tyrone and me; I think the State’s odds of getting a conviction would be better if they separated us.

Meanwhile, in Bryan, Texas, Stephen Gustitis is in a felony jury trial. Yesternight he wrote about the restless night before trial. Tonight he wrote about day one, including a jury selection that appears to have gone about as well as a lawyer could hope. Go get ’em, Stephen. (I always cheer for the defense — not for the defendant, necessarily, but for the lawyer.)

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