Features

Michael Wayne Ramsey
Wednesday, October 2nd, 2019

Michael Wayne Ramsey, age 79, a loving husband, father, and brother, died on Saturday, the 27th of July 2019, in Channelview, Texas.

Timing Like a Hawk
Wednesday, October 2nd, 2019

A good trial lawyer is one who watches for and takes advantage of valuable opportunities. Trial lawyers are opportunists. Spotting the opportunity takes the skill of a hawk. Recognizing the exact moment to exploit the opportunity requires quick action. If you miss the moment, you lose your prey. The most successful trial lawyers are the ones who know the most and who are the most prepared.

Persuading Jurors to Accept a Disconnect Defense
Wednesday, October 2nd, 2019

Overview of the Defense and Ground Zero

The DWI practitioner is familiar with the concept of the disconnect defense—the idea that if most, or all, of the evidence in a DWI case fails to match up with a really high alleged BAC (.16 or higher), there must be a problem with the reliability of

Shout Outs
Wednesday, October 2nd, 2019

A big shout out to Dean Watts of Nacogdoches for his recent win in the 12th Court of Appeals, who affirmed his motion to suppress. D was stopped for failing to change lane on a roundabout, then subsequently was arrested for DWI. The trial court granted the motion and the State appealed.

Wednesday, October 2nd, 2019

White supremacist. When I see the term, I can see the faces of the angry white men as they marched in a torchlight parade in Charlottesville, Virginia. When I hear the term, I can hear the chants of these angry white men as they shouted, “Jews shall not replace us.” This could not have been happening in a city in the United States, but it was. What I saw and heard reminded me of the films that I had watched of the torchlight parades that took place in Nuremberg, Germany, 80 years ago.

Wednesday, October 2nd, 2019

The Bible reminds us—a time to keep silence, and a time to speak—
As lawyers there is a time to keep silent . . .

Case 1:

Editor's Comment: Know as You Go - By Sarah Roland - 1
Wednesday, October 2nd, 2019

The chance of surviving an overdose, like any medical emergency, depends, in large part, on how quickly one receives medical care. In overdose situations people are often afraid to call 911, even when someone’s life is literally on the line, for fear of being arrested. Often, people are not alone when they overdose; there are others present who could call 911 for help but just don’t.

Wednesday, October 2nd, 2019

Heightened perception is the goal: becoming more aware of how you see, not just what you see.

Michael Kimmelman

Wednesday, October 2nd, 2019

We had an incredible time in Austin for our Voir Dire seminar and board meetings! Under the leadership of Sam Bassett, Carmen Roe and John Hunter Smith, we created a fresh seminar format that involved breakout groups, demonstrations of effective voir dire and had our participants conduct voir dire! We are constantly striving to find new, innovative ways to offer our TCDLA lawyers to better represent the citizen accused. This was a great example of that, and I hope all our lawyer attendees and presenters left with a few more arrows in their quivers!

October 2019 Complete Issue - PDF Download
Wednesday, October 2nd, 2019

Features
25 | Persuading Jurors to Accept a Disconnect Defense - By Joseph Ruiz
30 | Timing Like a Hawk - By Tyler Flood
34 | Michael Wayne Ramsey - By Chip B. Lewis

Effect of the Farm Act on POM
Saturday, August 24th, 2019

While many big city prosecutors are dismissing marijuana cases due to the recent passage of the Hemp Farming Act, out in the country these cases are still being prosecuted.

Starting at the End: The Court’s Charge to the Jury
Saturday, August 24th, 2019

I. Introduction

Handling appeals can be frustrating. It’s frustrating when there is error but it’s harmless. It’s frustrating when the appellate court cites waiver. But good news! Jury charge error is still alive and well.

There Will Be Blood
Saturday, August 24th, 2019

Introduction

The Court of Criminal Appeals’ recent decision in State v. Martinez has served to reinvigorate legal challenges to blood draws in intoxication cases. 2019 Tex. Crim. App. LEXIS 237, *1, 2019 WL 1271173–PD-0878-17.

Shout Outs
Saturday, August 24th, 2019

A big shout out to Richard Gladden of Denton for his recent appellate victory at the Second COA in Dowdy v. State, No. 02-18-00112-CR (Tex. App.—Fort Worth 7/30/19) (not designated for publication). The jury con­victed Appellant of POM, Class A, and sentenced him to 180 days in the county jail and fined him $4,000. Somehow, the jury left the verdict form completely blank, though.

Saturday, August 24th, 2019

On July 2, 2019, a panel of the United States Court of Appeals for the Fifth Circuit held that the defendant’s rights under the Confrontation Clause were violated when a law enforcement officer testified that he knew that Jones had received a large amount of methamphetamine because of what the officer was told by a confidential informant. This error was not invited by the defense and was not harmless. United States v. Coy Jones, 930 F.3d 366 (5th Cir. 2019)[Panel: Circuit Judges Higginbotham, Smith, and Higginson (Opinion by Judge Higginson)].

Editor's Comment Sept19
Saturday, August 24th, 2019

There are a few unrelated things worth mentioning this month:

Marijuana

Saturday, August 24th, 2019

The more I live, the more I learn. The more I learn, the more I realize, the less I know.

—Michel Legrand

Saturday, August 24th, 2019

Today I am feeling a longing to see my tribe—my TCDLA family. I received a call from a wonderful gentleman—Ted Trigg in Houston—and had a super visit with him. Ted is a charter member of TCDLA. I am so grateful for those 250 charter members who back in 1971 decided to form an association composed of criminal defense lawyers whose joint goal was to come together and better be able to protect and defend the rights of citizens accused.

September 2019 Complete Issue - PDF Download
Saturday, August 24th, 2019

Features
22 | There Will Be Blood: The Interplay Between Hospital Blood Draws and the Warrant Requirement in DWI Cases - By Jason Edward Niehaus
29 | Starting at the End: The Court’s Charge to the Jury - By Sarah Roland
38 | Effect of the Farm Act on POM - By Phil Baker

Thank You to Our Organizers
Tuesday, July 30th, 2019
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