TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    SB 560--mandating discovery, is a disaster!
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This type of legislation definitely concerns small offices. Our cases are set for trial sometimes less than a week after their first conference hearing. On average, they take about 3 to 6 months to get to trial. It is absolutely not feasible to prepare a witness list that far in advance.

Also, it doesn't seem fair that the defendant, who is on trial, is protected by the attorney. But the nice citizen who did nothing but call 911 because the defendant was scaring everyone on the road should be contacted by an attorney without anyone to ask advice. They don't know they have the right not to talk to the attorney, or to request representation of their own.

And finally, how do I tell my domestic violence assault victim that I gave her name, address, and phone number to the attorney, but he promised not to give it to the defendant? How is that for feeling as though the justice system is protecting the victims of crime? (Especially when this same attorney is trying to tell her that she has to agree to divorce terms and that if she doesn't "drop the criminal charges" the offender will fight her for custody of her children). That happens on a regular basis once they find where our victims are living.
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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Fooling around with the Discovery statutes creates far, far more problems than it solves.

Which, come to think of it, raises an interesting question: what problems is it supposed to solve?

When this bill came up in 2005, Keith Hampton, the Defense Attys' Assoc. lobbyist explained that the Big Problem the bill was set to address was that some DA's Offices provided you with a copy of the police report, and some made you write it out long hand. This bill would require DA's to provide a copy, and it would save the def. bar a lot of trouble.

A feisty lady from Houston, representing some outfit that ran a battered women's shelter then testified: When I read this bill I thought: someone is going to get killed because of this bill! And now I learn its sole purpose is to prevent some defense attorney from getting writers' cramp!

I think her testimony went a long ways in killing this pointless, and foolish legislation.

We need to keep an eye out for Corona's bill, and all of us who love Truth and Justice need to contact our State Reps. and State Senators, and tell them clearly why this is bad law.
 
Posts: 686 | Location: Beeville, Texas, U.S.A. | Registered: March 22, 2001Reply With QuoteReport This Post
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