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Showing posts with the label unbiased

An Open Letter

To all my past, present and future clients, and for anyone who is curious: If you ever wanted a nutshell version of "DWI at Night, Coffey in the Morning" here you are straight from the source. I have practiced law for 19 years. This defines who I am. At the age of 12, my father encouraged me to be a lawyer after helping me write and practice a Student Council Treasurer campaign speech (I ended the speech, "Vote Me Me for You You" and won, so it's true I come by my marketing quite honestly). In my wildest dreams, I never could have fathomed how much injustice there was in the world of criminal law, particularly DWI. As a new lawyer, I heard about the National College of DUI Defense or NCDD (celebrating its 20th anniversary this year) training held at Harvard every July. I went to it and my world was lit on fire. It was shocking to find out how inaccurate breath testing was; how the National Highway Safety Administration skewed statistics and cond...

Jury Misconduct

The Court of Criminal Appeals (the highest court in Texas) rendered that a rushed juror who regretted his decision and cooperated with the defense in a motion for new trial is not good enough evidence to overturn a verdict. In Colyer v. State, 428 S.W. 3d, 117 (2014), the jury foreperson testified that his verdict was not a true verdict because he was rushed into judgment. He detailed that the late time of day, distance to the parking lot, approaching inclement weather, and amount of time it took for the Judge to respond to the jury’s notes, caused him to rush to a guilty verdict that he later regretted. He meticulously described how he received an emergency phone call from a doctor regarding his daughter. After this, and worried about her serious condition, he stopped deliberating. He hurriedly rushed the other jurors to judgment, agreeing with them without forming his own true opinion. This information later came to the court's attention. The defense made a proper motion f...