Montgomery County is Definitely Different

I’ve had a report that prosecutors in Montgomery County want a defendant to plead guilty to online solicitation of a minor by communication under Section 33.021(b) of the Texas Penal Code (the “talking dirty to a minor” statute that was held unconstitutional a couple of weeks ago) and take two years in prison.

So what do they think will happen after the defendant pleads guilty and takes his time and comes back into court with a writ based on his lawyer’s ineffective assistance?

(Texas, not Maryland, in case you’re still wondering.)

12 responses to “Montgomery County is Definitely Different”

  1. In my experience, I have found the majority of prosecutors do not read case law unless/until it is handed to them right before a hearing–usually by the minority of defense lawyers who DO read.

  2. Whatever happened to that experiment where the Judge has a computer that will spit out all of the total tax-payer dollars that sentencing would incur, using different baselines of statutes to be used in rendering a verdict? It would be sweet if the database ALSO included recent higher-court rulings which would relate to the case at hand. Like the old Microsoft Bob pop-up? Who knows?? Maybe Justice would suddenly correctly relate to sentencing of any given crime? There is always room for hope and Jello. 🙂 Ric

    • @Ric Moore–

      Thank you Ric, you made my day. Immediately a mental video played as I imagined your Legal Clippy…
      “I see you’re trying to rape the Constitution, how can I help?”
      “Would you like help with Judicial Activism?”

      • As it turns out, real “judicial activism” is almost always good for freedom. See this.

        “Conservatives” cry “judicial activism” whenever the courts do something that they don’t like. That’s not judicial activism. That’s just butthurt.

      • You have to excuse some of the things I say, Mark, as simply
        a) the word-salad meanderings of a non-lawyer
        b) remembered phrases inserted unthinkingly in the pursuit of a funny word-bubble for an imaginary Clippy

        Sometimes a cigar is just a cigar.

  3. Mark-
    I always tell people to get to Montgomery County you do not need a car. You do however need a time machine. Set the clock on 1920 and head north.

    A decision made three weeks ago? Hell that ain’t even on the radar. They haven’t got to Miranda yet.

    Oh and when going to Montgomery county feel free to brang your hooded sheet.

    Robb Fickman

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