We are in trial where a mother held her 12 year old daughter down and let grandpa rape her repeatedly. The defendant is claiming duress. Since the standard is an objective standard -- what a "person of reasonable firmness" would do -- can the defendant bring in all kinds of history and bad conduct by her co-defendant (grandpa), to say that she was unusually scared, and afraid he would kill her. I would think a plain reading of the statute would say no, but our judge is asking for case law. Call or e-mail if you can help. We start back after lunch. (512) 943-1234.

Jury didn't buy the duress defense. Punishment today.

Jury gave this woman 69 years on one count, and 35 on another. Plus 2 $10,00 fines. The 69 represents the approximate number of times the little girl said grandpa raped her and her mom held her down. The defendant also relinquished her parental rights to all 7 of her kids in the family court today, too (before she heard her sentence). It was a banner day for her. And the jail had to move her into isolation last night after the other inmates saw her on the news. So even the other criminals are appalled at her conduct.

My court partner, Todd Nickle, did an awesome job on this case.