drunken driving defendant, but defended his courtroom performance.
Texas lawyer Martin Zimmerman rated his performance in the case of
Daniel Textor Jr. an eight or a nine out of 10 (Really? Just think how
great he would have been if he stayed awake!), the New York Daily News
reports, summarizing a story in the San Antonio Express-News.
Zimmerman was questioned in a hearing that ended on Monday, September
14, 2013. The hearing was scheduled after Textor complained, obtained
a new lawyer, and sought a new trial, the Daily News says.
“This man has been sleeping through my trial,” Textor complained to
the judge during an Aug. 28 court appearance.
“This is the same man who didn’t even know my name during… choosing
my jury. This man said my name was Jonathan Dextor.” (Textor Dextor,
Potato potahto; does it really matter?)
Textor had been sentenced as a habitual offender to 60 years in prison
for spitting on the arm of a police officer (Are you kidding me! This
is the same state that had a law that said you could leave an
altercation and bring back a gun to “keep the peace”!) and 28 years
for driving while intoxicated with a child passenger. During his
trial, Zimmerman did not call any witnesses and cross-examined only
two of the prosecution witnesses.
Textor said he had accepted a plea deal of 45 years for harassing a
public servant and 20 years for DWI, but it was never submitted.
Prosecutors reinstated the plea offer, and Textor’s new lawyer
accepted it, the story says.
The Express-News notes that Zimmerman is planning on running for a
judgeship next year, but he told the newspaper he doesn’t expect his
napping to affect the election (or his job?).
I’ve heard about sleeping on your rights, but this is ridiculous! –Mace
* * * * *
Mace J. Yampolsky is a Board Certified Criminal Law Specialist, 625
South Sixth St., Las Vegas, NV 89101; He can be reached at: Phone
702-385-9777 or fax 702-385-300. His website is located at: