This Defense Upheld: Client ‘a Dad-gum Mess’
A Texas appeals court has upheld a DWI conviction even though the defense lawyer called his client’s life “a dad-gum mess.”
A dissent argued the defense lawyer “effectively became a second prosecutor in the case,” Texas Lawyer reports.
The defendant, Archie Doyle Martin Jr., took the stand, allowing the prosecution to attack his credibility based on his prior convictions. Martin’s lawyer, Walter Boyd of Houston, commented on the convictions this way:
“Like the prosecutor says—and I’d have to agree—you’re a liar, you’ve covered up, you’re a thief, you’re a drug dealer, you’re all of those things, and you’ve committed so many dad-gum crimes you cannot even remember them all. Is that right or not?”
The defendant said the lawyer was correct.
Later, Boyd continued: “I’m going to bring this up because I think I’m doing it with your permission. I advised you not to testify, didn’t I?”
The defendant admitted to that advice.
“Now, I told you your personality sucks, didn’t I?” the lawyer asked.
The defendant said his personality was a matter of opinion.
Martin did not file a motion for a new trial. If he had, a hearing could have been held allowing an inquiry into Boyd’s strategy, the court said in its opinion.
Boyd defended his actions in an interview with Texas Lawyer, saying his strategy was to show that despite a past record of lying, his client was telling the truth to the jury. “I know I didn’t do anything wrong,” Boyd said.
