I've stirred up some conversation with my Facebook friends concerning the recent acquittal of Jason Stinson of reckless homicide. If you recall, Coach Stinson was coaching high school football in the great state of Kentucky when, during summer sessions in 2008, a 15 year old player, Max Gilpin, collapsed and later died of heat stroke.
Friday, September 18, 2009
Football Coach Acquitted
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Stephen Gustitis
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1:35 PM
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Labels: developments in law, personal thoughts
Thursday, September 17, 2009
The Governor's Veto Pen
During the recent 81st Texas Legislative Session, Governor Rick Perry stayed true to form by vetoing a number of criminal justice bills sent to him for signature which benefitted the defense bar. My guess is the powerful Texas prosecutor lobby, TCDAA, had a hand in many of these vetoes. Here's a short list of bills Perry struck down that aided those accused of crime:
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Stephen Gustitis
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11:32 AM
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Labels: developments in law
Wednesday, August 5, 2009
The Loss Of Privilege Redux
From reliable sources I learned that feathers ruffled from my recent post on the loss of privilege when a "professional" becomes aware of "child abuse" during their professional interaction with clients, patients, and the like. What really got someone upset was my vehement position on the defense lawyer's duty of loyalty toward their client, even concerning communications about possible child abuse. Here's my quote:
"Rest assured, I believe my duty of loyalty to a client trumps even the duty to report. Over my dead body will the government compel me to reveal communications made by clients in confidence."
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Stephen Gustitis
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3:05 PM
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Labels: lawyer ethics
A Pitcher's Life

A pitcher spends much time waiting. Waiting on the warm-up call. Waiting on the call to the mound. Waiting on the catcher's sign. When the call comes he heads to the mound all eyes upon him. Each pitch a work-of-art. No works-in-progress. Each batter an adversary to vanquish. Each swing . . . each crack of the bat . . . an unknown. Either the hero or the bum. That's the life of a pitcher. I know one. I understand his life. It IS the thrill of victory. It IS the agony of defeat.
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Stephen Gustitis
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10:41 AM
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Labels: personal thoughts
Wednesday, July 29, 2009
The Loss of Privilege
A potential new client (PNC) contacted my office recently. He was concerned about his recent communication with a member of the clergy from whom he'd sought spiritual advice. Seeking absolution with the assistance of his spiritual adviser, the PNC confessed, in confidence, an inappropriate sexual contact with a minor child.
(b)In this subsection, "professional" means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children. The term includes teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services, juvenile probation officers, and juvenile detention or correctional officers.(c) The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, and an employee of a clinic or health care facility that provides reproductive services.
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Stephen Gustitis
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10:58 AM
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Labels: individual rights
Sunday, July 12, 2009
Conservative Bias Alive and Well
Conservative bias is alive and well. Being one myself (a conservative, that is) I support tax breaks for business, strict constructionism, outlawing abortion, prayer in schools, limited government, and yes, even the U.S.-Mexico border fence. I voted for George W., Sarah Palin, and I don't believe water-boarding is necessarily torture. However, my life as a defense lawyer has brought me into contact with the underside of our affluent, gluttonous society. Many on the underside are from other countries, other cultures, other ethnicities.
What utter nonsense! How far do you think we should take this cultural sensitivity? Should we allow rural Nigerians to stone witches to death like they do in their home country? How about honor killings, that Muslims do when their women "dishonor" the family? Is that ok? How about polygamy? Any problems there? Should we allow Afghans to lock their women in the house and not allow them medical care or education? How about equal treatment under the law? That means that American 19 year olds don't get to boink 12 year old girls in this country, and neither does anyone else. I don't recall being a foreigner being a defense in the penal code. If the person is in the country legally, he took an oath to obey the laws, and if he isn't, then he needs his ass deported. Bottom line, if they come here, they need to obey our laws. No exceptions.
My attitude is short sighted? Why is that? So they were here on student visas, but she can't speak or understand English? Didn't that make it sort of hard for her to go to school? Or did they have Shona ESL for her? Hell, maybe abandoning their child wasn't really a crime, it was some sort of Zimbabwean cultural ritual? Maybe they were teaching the kid to find its way home by celestial navigation? Its always amazing to me how you libs that abhor the thought of America being a superpower or of being a world leader or of having the premier military in the world are always so anxious for us to be the super nanny state of the world and provide cradle to grave everything to everyone, regardless of whether they belong here or not or regardless of whether we can afford it or not. The only good thing about it is that American taxpayers are starting to get tired of their wallets being raped daily to pay for all this liberal crap. The easiest way to solve that problem would be to put the bunch on the nearest plane bound for Zimbabwe and get their visas revoked. End of our problem and it saves money too. And now you are going to whine about oh their rights might be violated. Wrong, having a student visa is not a right, its a privilege and it can be revoked at any time. Bottom line, if I break the law, I get arrested for it and my life is messed up bigtime. Foreigners that come over here legally and break it should be sent home as soon as possible. People here illegally need to do their 6 months federal time and then be criminally deported so they can get 20 years federal time if they get caught here again. I wonder if you have looked into those border areas where illegals caught are jailed for 6 months? Amazing how illegal border crossings in those areas have dramatically decreased. But I bet you would probably lose money representing these people if any of that happened, right? We have a duty to treat our own citizens fairly, and perhaps if we weren't shelling out to support the citizens of so many other countries, we might actually have the funds to take care of our own problems.
Posted by
Stephen Gustitis
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1:18 PM
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Labels: individual rights
Monday, July 6, 2009
Does Anyone Remember Billy Hayes?
Who remembers Billy Hayes? Oh yea. He was the guy who got caught allegedly smuggling hashish out of Turkey in 1970. For you movie buffs, Billy Hayes' story was chronicled in the 1978 film, "Midnight Express."
Posted by
Stephen Gustitis
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11:10 AM
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