Features

Tornillo
Thursday, July 26th, 2018

If I had ever been here before
I would probably know just what to do
Don’t you?

—David Crosby

History, having a way of repeating itself, blessed TCDLA’s 2018 Declaration Readings.

Shout Outs
Thursday, July 26th, 2018

Shout out to Michael A. Warner of Amarillo for his recent not guilty verdict in the 47th District Court in Potter County. D, charged with continuous sexual abuse of a child, was the stepfather of the 8-year-old alleged victim—who testified that D had taken “sticks” and put them in her bottom “twice a year for various years.” English was the 3rd-grade victim’s second language.

Thursday, July 26th, 2018

On June 22, May 29, and May 14, 2018, the Supreme Court released opinions in three cases that reversed the judgments of the United States Court of Appeals for the Sixth Circuit, the Supreme Court of Virginia, and the United States Court of Appeals for the Third Circuit. Each of these cases was concerned with a significant search issue. In each case, a motion to suppress evidence was filed by the defendant’s lawyer and denied by the trial judge.

Thursday, July 26th, 2018

When I worked at a printing shop in Abilene, Texas, customers would come in and order posters, business cards, and circulars for sales events at grocery and department stores.

One day, a traveling salesman came in and ordered 500 8 x 10 cards that read “The Boss May Not Always Be Right, But He Is Always the Boss.” The salesman gave them out to the customers he called on. Almost every small business in Abilene had one.

Thursday, July 26th, 2018

The months of June and July are special times for TCDLA, though extremely busy. Most people are preparing for their summer vacations, but in the home office, June is particularly demanding, preparing for and orchestrating the annual Rusty Duncan Advanced Criminal Law Course, our annual board meetings, and all events that includes. But it’s all worth it for the opportunity to work with and see so many of our wonderful members. This year we had more than 800 attendees.

Thursday, July 26th, 2018

Back on May 17th, I along with TCDLA Executive Director Melissa Schank and CDLP Chair Clay Steadman had the opportunity to sit down with Court of Criminal Appeals Justice Barbara Hervey and discuss TCDLA’s plans for the handling of our grant seminars during the upcoming year. One area of discussion that was deemed important to Justice Hervey and all involved was mental health issues affecting our clients. We assured the Justice that the issue would be addressed.

July/August 2018 Complete Issue - PDF Download
Thursday, July 26th, 2018
Features
23 | Tornillo - By Chuck Lanehart
27 | Miles of Smiles This Year at Rusty Duncan
30 | Pictures from the Annual TCDLA Reading of the Declaration of Independence
35 | Organizers of This Year’s Readings of the Declaration of Independence

Columns
6 | President's Message
June 2018 SDR-1
Tuesday, June 5th, 2018

Voice for the Defense Volume 47, No. 5 Edition

Editor: Michael Mowla

From Editor Michael Mowla:

        1. I summarize each opinion in a manner that allows readers to generally use this SDR instead of reading every opinion.

        2. If you determine that a summarized opinion is relevant to one of your cases, I urge you to read the opinion and not rely solely upon these summaries.

Don’t Bring a Knife to a Gunfight
Tuesday, June 5th, 2018

Every case a criminal defense attorney takes on has the potential to become a gunfight, with the dramatic showdown coming to a head in front of a judge and jury. The defendant faces significant consequences if his attorney has not properly prepared, and unfortunately, this is the reality in many criminal defense cases.

Appear Weak When You Are Strong
Tuesday, June 5th, 2018

When we are able to attack we must seem unable, when using our forces, we must seem inactive, when we are near we must appear far away, when we are far away we must make the opponent believe we are near. Humble words and increased preparations are signs that your opponent is about to advance.

Political Trends, Sentencing, Classification, Designation & Program Practice in Federal Prison
Tuesday, June 5th, 2018

President Trump has charged his closest advisor, son-in-law Jared Kushner, to lead prison reform. People may ask why Kushner? He has no background in criminal justice or prison reform. Nor is he a former felon.

Traveling on a Known Drug Corridor: Who Knew?
Tuesday, June 5th, 2018

Assume that you are a hard-working drug courier just trying to make an illegal living. You have been hired to haul a load of merchandise from Harlingen to Dallas, or El Paso to Longview.

Shout Outs
Tuesday, June 5th, 2018

Kudos to Mark Griffith of Waxahachie for a recent win in an agg assault case, wherein D was confronted by an inebriated dude in McDonald’s. Client said they should go outside and talk—where dude pulled knives on him. D put a whupping on him but was charged in the fracas.

Tuesday, June 5th, 2018

Since I have a dislike for the conducting of judicial proceedings by videoconference, I was pleased to read the opinion of the United States Court of Appeals for the Seventh Circuit in United States v. Bethea, ___F.3d___, 2018 WL 1959638 (April 26, 2018). A panel of the Circuit held that a defendant (Bethea) could not affirmatively consent to a felony plea by videoconference—and, that the error was per se prejudicial error, warranting automatic reversal. [Panel: Circuit Judges Bauer, Flaum, and Manion. Opinion by Judge Flaum.]

Tuesday, June 5th, 2018

All the rules and information in this article require some careful study, as there may be some duplication. The bottom line: Follow the rules before you put your Superman ad on TV, the internet, Facebook, or other social media. An ad picturing you stopping an 18-wheeler or jumping on cars or trucks may be something only Superman could do, but even Superman may not be able to save you from a grievance if you don’t get it approved by the State Bar.

Executive Director's Perspective: Where Heroes Come From - By Melissa J. Schank
Tuesday, June 5th, 2018

That’s where I’ll get the love in my heart: from, the fact that little young guys can look at the obstacles that I had to go through to become a Hall of Famer and know it’s not so bad when it comes to them trying to accomplish the same goal.

—Allen Iverson

Tuesday, June 5th, 2018

As I sit at my desk writing this first President’s Message column for TCDLA, I cannot help but think of a cold winter day when my son Luke was about five years old. The two of us were driving down a dirt road, and we passed by a flat rock perched on top of a fence post. Luke glanced at me in with a look of wonder in his eye and asked, “Dad, how did that rock get there?” Over the next mile or two, he came up with several theories on his own, each a little more grandiose than the previous, before finally asking the question again.

June 2018 Complete Issue - PDF Download
Tuesday, June 5th, 2018
Features
21 | Traveling on a Known Drug Corridor: Who Knew? - By Todd Duncan
27 | Political Trends, Sentencing, Classification, Designation & Program Practice in Federal Prison - By Bruce Cameron, Jose Santana & Ralph Miller
30 | Appear Weak When You Are Strong - By Tyler Flood
33 | Don’t Bring a Knife to a Gunfight - By Daryl Parker
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