Category: procedure

  • Desert-Island Book

    Old-time West Texas judges used to travel the circuit with a single law book (and they were still better-read than most modern Texas judges. . .). If you had to preserve a single criminal-law volume so that the American criminal justice system would survive, what would you choose? If civilization were crumbling around our ears […]

  • Parsing the Made-Up News

    Friday, Fine clarified that he declared the procedures Texas has in place to carry out the death penalty unconstitutional, a legal parsing even to the prosecutors trying the case. The Houston Chronicle clings doggedly to the false proposition that Kevin Fine “declared the death penalty unconstitutional Thursday.” On Friday Judge Fine clarified why he was […]

  • Even in Texas, Death Penalty Still Constitutional

    Brian Rogers of the Houston Chronicle reported today that Judge Kevin Fine of the 177th District Court “declared the death penalty unconstitutional.” This caused the Chronicle’s anonymous commenters to gibber ignorantly in righteous indignation like a cage full of unusually stupid monkeys. Which is always fun. Paul Kennedy was immediately on the story, for which […]

  • A Lesson in Federal Contempt

    Here is a thought-provoking little piece on Tom Kirkendall’s Houston’s Clear Thinkers blog about whether Chuck Rosenthal is in fact facing jail time for contempt in Judge Hoyt’s court. The contempt proceeding is for indirect criminal contempt. It’s “indirect” because Chuck didn’t commit contempt right in front of Judge Hoyt, and it’s “criminal” because the […]