Showing posts with label Trial. Show all posts
Showing posts with label Trial. Show all posts

Monday, June 29, 2026

Sometimes the Little Guy Wins

Not that you were asking but do you (gentle reader) know why I got into law?

First and foremost, it was to help the little guy.  

More to the point, to help those who didn't know how to help themselves.  

Overly opressive landlords, power hungry employers, school bullies, tyrant police officer - I just wanted to help alieve the pain aflicted by others on people who couldn't didn't know where else to turn - and I did a pretty good job of it until I couldn't and then I found other ways to help.

Like writing a blog about law and legal stuff to help people know where to go to get more information on their problems.

So, it weighs heavy on my mind when I read stories about people being oppressed.  Note that's "oppressed,"  not entitled.  There are a whole lot of people out in public land that think they deserve retribution simply because they breathe oxygen.

Jerry Hartfield is not one of those entitled ones.

See, back in 1976, Eunice Lowe - a white woman - was found murdered and sexually assaulted at a bus station where she had worked in Bay City, near Houston.  Hartfield, a black man from Kansas, was quickly arrested because his fingerprints were on a Dr. Pepper bottle found at the station.  

You know, I'll bet other people's fingerprints were found at the crime scene but were they arrested?!  Bunch of hicks, they were.

Anyway, and shortly after his arrest, Hartfield confessed to the crime.  That's "confessed" as in coerced.  Also how in blazes can a black man with an IQ in the 50's or 60's be said to be able to understand how to confess to anything?  Regardless and consequently, Hartfield was convicted by a jury of his "peers" and was sentenced to death.

On Sept. 17, 1980, the Texas Court of Criminal Appeals ordered him retried because prosecutors had improperly dismissed a juror over her reservations about the death penalty.  However, instead of holding a new trial, prosecutors tried (for three years) to convert Hartfield’s death penalty to a life sentence. 

Uh huh.

They failed in that endeavor so, in 1983, the Texas appeals court again ordered a new trial - which never happened. 

In 2006, with the help of a fellow inmate Hartfield filed a writ of Habeas Corpus and seeking a speedy trial which the court(s) rejected.

After years of being bounced around, Harfield turned to the federal system in 2009 to clear up many of the obstacles that were impeding his case.  

However, in 2011, a federal judge rejected Hartfield’s claims because, the judge wrote, Hartfield had failed to exhaust his state remedies.

Are you kidding me?  A comedy of errors this was!

In 2013, 30 years after it had ordered Hartfield to get his new trial, the Texas Court of Criminal Appeals acknowledged at last that Hartfield had been improperly imprisoned for all those years. But it, too, refused to order him released or retried.

Oh, the humanity!

Finally, in August 2015, Hartfield FINALLY got his second trial.  The problem was that two key witnesses who had testified against Hartfield in 1977 had died, so their original testimony was read into the record annnnd, Hartfield's attorney could not be cross-examined.

Other problems that affected this second trial was that none of the physical evidence — the pickaxe that was allegedly used in the murder, a car allegedly used by Hartfield, or DNA from the victim — was still around and jurors could not hear mitigating evidence from Hartfield’s family since most of them had also died. 

Of course none of that mattered because the jury convicted Hartfield again for murder.  However, this time, Hartfield's attorneys were on the ball and appealed this decision for violating Hartfield's right to a speedy trial under the 6th Amendment (note: he had been already incarcerated for the better part of 30 years!).

The Texas appeals court agreed and after 35 years, Jerry Hartfield was released.

But all's well that ends well, right?!

Yeah, no.  All the legal wrangling, all the judicial missteps, all the dinking around with a person's life only goes to show how messed up this legal system of ours is.  

I mean, Jerry Hartfield not only splipped throught the proverbial cracks of the legal system - he was royally screwed out of a third of his life! 

I suspect that if there's a silver lining to all this, it's that Jerry got his day in court and the system finally worked in his favor.  Thirty-five (35) years late but at least the court system finally got its act together.

Good on that. 

Wednesday, October 14, 2020

Hear v. Listen

Lights are on, but no one is listening
Have you ever been talking to someone and then you ask them a question they say, "Huh?"  Makes you wonder if they were even listening.  So, what's the difference between hearing and listening?  Is there a difference?

According to a BBC recording I listened to, the moderator noted that: We use hear for sounds that come to our ears, without us necessarily trying to hear them! For example, 'They heard a strange noise in the middle of the night.  

Listen is used to describe paying attention to sounds that are going on. For example, 'Last night, I listened to my new Mariah Carey CD.'

So, you can hear something without wanting to, but you can only listen to something intentionally. An imaginary conversation between a couple might go:  'Did you hear what I just said?'  'No, sorry, darling, I wasn't listening.'

Of course, this brings to my attention a conversation I had with an attorney who I was talking to the other day.  Seems he had a case that was giving him quite a bit of trouble and, being a local law librarian, asked me if I had any suggestions no where to start looking.

I started in with some basics like statutes and cases and he'd respond with a "hmmmm" or an "uh huh?"  Then I started talking about some of my favorite resources like AmJur Proof of Facts, AmJur Trials, and Causes of Action.  

I noticed that attorney was drifting off and pointedly asked him, "hey, are you even listening?!"  To which he replied, "Oh, I'm sorry, I wasn't listening - what did you say?!"...effectively ending the conversation.  I mean, you want to know where to go and what to use to make money but you don't even pay attention to what is being said?!??!

If I wanted to be ignored, I'd talk to a bunch of paralegal students.

Anyway, I guess the upshot of all this is:  If you want to receive information, be prepared to take notes.  Otherwise, go look it up yourself.

I'm just sayin.

Monday, May 28, 2018

This is the guy you want on your team

Beware of the guy with one lawsuit
As a law Librarian, I deal in problems and am a purveyor of solutions.  If you've got a problem, I know where you can go to solve it.  

Small claims? I know four resources that can help you. Bankruptcy?  Pick your chapter and I've got answers. RICO, unlawful detainer, criminal, appeals (civil OR criminal), military justice, estate planning, family law, tax, federal, UCC, real property (commercial or otherwise), contracts, personal injury.  Whatever you need, answers I've got.

So, the other day, a newly minted attorney came into my law library hoping I was all I was hyped up to be.  Turns out he had just accepted a rather messy case.  I mean, it was one of those cases that if he won, it would put him on the map.  If he lost, well....

So, being newly minted and not knowing the ways of the legal world, I introduced him to the world of Continuing Education of the Bar (CEB) and showed him all the great things they offered like:
Then I suggested newly minted take a look at the myriad of case and trial prep materials, like
Then I suggested he take a look at some of foundational resources like
Finally, I suggested he take a look at resources that would help when he won his case, like:
and off newly minted attorney went with a gleam in his eye and an understanding that if ever he needed answers, his local county law library (and, by association, his local county law Librarian) was the place to be.

Tuesday, May 1, 2018

Word of the Month for May 2018: Perjure

Just keep punching
Hopefully you have not but maybe you have been in embroiled in a legal case. 

Maybe in the course of litigation, a witness was on the stand saying things that you, and everyone around them, knew they were lying (well, everyone except the judge).

Such was the case with a person who came into my library the other day.  

Seems lady was in the middle of her divorce case.  Soon-to-be-ex husband gets up on the stand and starts to spew falsehood after falsehood about the value of their once joint company.  

She is sitting in her chair absolutely dumbfounded and could not believe her ears.  Good thing that his testimony was at the end of the day and the judge called for a recess until 10:00AM the following day.

Lady is standing in front of me asking how is it possible that he can lie like that?  Of course, this brings us to our word of the month: PERJURE.  According to Black's Law Dictionary, PERJURE means:
To make (oneself) culpable of deliberately making materials false or misleading statements while under oath. (In a passive sense) to become involved in, or proved to be guilty of, perjury.
Lady is livid and is just this side of freaking out.  I ask, "Can you prove he is lying (other than just your word)?"  Lady says that in his deposition, he said the complete opposite.  

Wait, deposition?  You took his deposition?!?  Turns out, to her credit, she did.

Oh happy day!   Rare is the pro se litigant who has their act together and I suggested she take a look at
...and off Lady was preparing for round 2.

Yep, we've got a whole lot of stuff to help people go from the bottom of the barrel to the top of the mountain.  

When next you have a Goliath that you're looking to slay, why not stop wasting your time looking online for answers that aren't there and head over to your local county law library?

Yeah, that's what you should do.

Monday, April 16, 2018

That's Life

Some nightmares are real
Do you dream when you sleep?  

Have you ever had that dream that you had prepared for the biggest presentation of your life?  You have your charts and handouts all ready, you've ordered the freshest danishes and then...you showed up on the wrong day.  Oops.

That's kinda how things went for one person/plaintiff I met the other day.  

Seems they had been working on the same civil case for little over 6 years.  They went through hellish discovery. They went through hellish settlement conferences. They did hellish meet and confers. They repeatedly fought back the desire to kill opposing counsel for impinging their character over and over.  

Then, when the end was in sight and a trial date was actually set, person misread the notice and appeared for trial on the wrong day.  

Yep, the trial was on Wednesday and plaintiff showed up on Thursday.  Oops!

Had the judge simply dismissed the case, plaintiff could have just refiled and started over. 


Yeeeeah, plaintiff wasn't so lucky.  What the judge did, instead, was let the trial proceed  She accepted testimony from the defendant and submitted her judgment in favor of....wait for it....the defendant.

Plaintiff is now freaking out wanting to know what to do next (since they don't really have a good reason to vacate the judgment).  

Long story short and not a few dozen resources laying around (not the least of which included):
...plaintiff went about trying to rebuilt their shattered case/dreams.  

Sometimes these things happen.  Good thing there are county law libraries around to help people when life smacks them upside the head.

Monday, February 19, 2018

Sometimes You're the Nut


Cotton Candy
The problem with being an omnipotent law Librarian is that after a while of hitting on all 16 cylinders, pulling answers out of the sky like they were cotton candy, you start to feel all powerful, thinking you know everything - until you skip a beat and you can't find anything.  Then you start to question the sanity of the universe.

Such was my life the other day.  Seems this Guy came into my law library.  Seems Guy had just been in family court where his ex-wife had filed a motion to legally change his son's name to her new flame's name.  Judge told Guy she'd deny the motion if he could find something to prevent the change.  Guy was under the gun and came to me - the omnipotent Librarian - to help him in his hour of need. 

I looked everywhere and couldn't find anything for him.  I mean, EVERYWHERE!  Guy flips out claiming that everyone told him that I was THE go to Librarian when you can't find something and that I failed him.

Huh.  I felt bad for the guy and went back to my office to lick my wounds. 

Three weeks later, I'm helping a random attorney.  Seems Attorney was looking for questions to grill an expert witness in a child custody case.  I'm looking everywhere to help Attorney and in my search, I stumble upon AmJur Trials, Vol. 22 (Child Custody Litigation).  In the supplement, I found Section 137.5 - Name changes.  

Waaaaaaaaaait a minute!  Wasn't I looking for something about name changes a while back?!  Turns out on page 297 in the Vol. 22 Supplement is a #%@#^!@$!#%^ section on just what I was looking for for Guy!

Turns out there are eleven (11) cases from all around the USA that deal with the name change of a child in custody hearings.  

JUST WHAT GUY WAS LOOKING FOR!  

Good thing I had the good sense to get Guy's email and without hesitation, I send off a copy of the entire section. 

Whoo-wee baby, I was back in the game pulling answers out of the sky like they were cotton candy.  Life's just like that - sometimes you're the nutcracker, sometimes the nut.

Maybe your local county law Librarian can find you answers on the spot - sometimes it takes a while.  Regardless of what quarter in the game we are playing, what you need to know is that your local county law Librarian always plays to win.  

So, when next you need help (and you know you will, eventually), just know that we'll be here to help you get back in the game, too!