Criminal Justice
Size Doesn’t Matter: Conviction, Lawyer’s Conduct OK’d in Exposure Case
Posted Aug 20, 2008, 04:08 pm CST
By Martha Neil
A Texas doctor who sought to overturn his indecent exposure conviction, with the help of a well-known attorney and an unusual appellate argument supported by expert testimony, has lost the legal battle.
"The court rejected the argument by high-profile attorney Dick DeGuerin and his associate Neal Davis that the doctor could not have exposed himself to an undercover cop because that which is alleged to have been exposed is too small to have been seen," reports the Houston Chronicle.
The appellate team apparently contended that a different lawyer, who represented the unnamed doctor at trial, should have defended him on this theory, according to the newspaper. The trial lawyer testified in a hearing that his client never told him about his physique. However, the doctor said that he did, and DeGuerin and Davis argued that the information was key evidence in an indecent exposure case, because their client is too embarrassed to undress with anyone except his wife.
In a 30-page opinion authored by Justice Wanda McFee Fowler, a unanimous three-judge panel of Houston's 14th Court of Appeals held that, as the newspaper puts it, "the trial judge could reasonably have believed the trial lawyer that he was unaware of his client's stature." The panel also found that the trial lawyer had no duty to ask his client about his physique.
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Comments
Posted by Alva Dickey - 3 months, 2 days, 18 hours, 56 minutes ago
This worm should have known better than to argue his weenie was too small. All of the guys I dated in law school had microwonks. Lucky thing ( I married a fireman). Needless to say, I am very happy with his.
Posted by CAF - 3 months, 2 days, 16 hours, 24 minutes ago
How embarrassing. I feel bad for his wife !
Posted by Ms.Golightly - 3 months, 2 days, 14 hours, 35 minutes ago
I wonder if size relates to ethnicity/race? This must’ve been the most embarrassing time for him. I kind of feel bad for him. I have a complaint though… My boyfriend has his too huge. I would rather have a microwonk than an anaconda anytime!
Posted by Richard - 3 months, 2 days, 14 hours, 11 minutes ago
#3 must be kidding. My wife is always wishing she had married her first. It is very embarrasing when she refers to me at family gatherings as needledick. Some people don’t understand, but I do.