Features

TCDLA Inside Story
Wednesday, October 10th, 2018

Does anyone remember the inside story about how TCDLA was born? Does anyone remember the likes of Tony Friloux, Phil Burleson, or Frank Maloney? And while you ponder those questions, imagine a criminal defense practice in Texas without TCDLA. Imagine practicing without defense-oriented books and written resources. Imagine practicing without the focused and quality continuing legal education we enjoy today.

Seven Ways to Win (in Chess and Trial)
Wednesday, October 10th, 2018

Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.

—Sun Tzu

Drug-Free Zones
Wednesday, October 10th, 2018

I. Relevant Statute—Tex. Health & Safety Code § 481.134

Shout Outs
Wednesday, October 10th, 2018

A big shout out to the team of Amber Vazquez of Austin and Leslie Booker of Round Rock for a tough victory in a two-week-long murder trial. D was charged with shooting his ex-girlfriend’s brother after a dispute boiled up on social media involving a nasty breakup (as detailed in the Austin newspaper, here: https://atxne.ws/2Ct0xar). Victim showed up to fight D and was shot by a hidden assailant.

Wednesday, October 10th, 2018

For all those clients and their lawyers who have Carpenter issues on appeal, August was BAD NEWS MONTH for them. We all remember that on June 22, 2018, the Supreme Court held that the Government must generally obtain a search warrant supported by probable cause before acquiring CSLI from a wireless carrier. Carpenter v. United States, 138 S.Ct. 2206 (2018).

Wednesday, October 10th, 2018

Discussions of previous acts are generally subject to the attorney-client privilege. If, for example, a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can’t disclose the information. But if a client initiates a communication with a lawyer for the purpose of committing a crime or an act of fraud in the future, the attorney-client privilege typically doesn’t apply. Likewise, most states allow—or require—attorneys to disclose information learned from a client that will prevent death or serious injury.

Wednesday, October 10th, 2018

First, thank you to everyone who completed the recent Voice survey. We read and appreciate all the comments and encourage everyone to participate in future surveys. Overwhelming, you told us that you like the overall look of the Voice, that the articles are timely and current, and that you would like to see the Voice continued in print as well as electronically. You asked for more DWI and Fourth Amendment articles and fewer pictures of TCDLA events.

Wednesday, October 10th, 2018

“Gratitude is the healthiest of all human emotions. The more you express gratitude for what you have, the more likely you will have even more to express gratitude for.”

—Zig Ziglar

Wednesday, October 10th, 2018

After I graduated from high school, I was blessed with the opportunity to play football at Texas Tech. My first year was also Spike Dykes’ first year as head coach at Texas Tech. If you did not know Coach Dykes or at least know of him, you missed out on a one-of-a-kind personality. As you can imagine from a man called Spike, he was quick to give nicknames to people. With the last name Snodgrass, he always called me Boogerweed. He was a man of many words and was never hesitant to say what he thought. When expressing his thoughts, he never held back what he was really thinking.

October 2018 Complete Issue - PDF Download
Wednesday, October 10th, 2018
Features
19 | Drug-Free Zones - By David M. Guinn Jr. & Aaron R. Clements
25 | Seven Ways to Win (in Chess and Trial) - By Tyler Flood
27 | TCDLA Inside Story - By Vincent Perini

Columns
6 | President's Message
8 | Executive Director's Perspective
10 | Editor's Comment
They Can’t Really Say That, Can They? Nope . . . But They Do!
Friday, August 24th, 2018

We have all had those cases. The he-said-she-said type of child sexual abuse cases. There are no eyewitnesses. There is no physical evidence. The child seems relatively normal in spite of the horrendous allegation.

Something Is Wrong with the Sex Offender Registry
Friday, August 24th, 2018

“When the information changes, I change my mind. What do you do?”

—John Maynard Keynes

Shout Outs
Friday, August 24th, 2018

Kudos to Houston assistant PD Nicolas Hughes and colleague Sarah Wood for their work challenging testimony on bloodstain pattern evidence and gunshot residue.

Friday, August 24th, 2018

Over the last several months, I have realized that it has been some time since I wrote a column about a case having an ineffective assistance of counsel issue. Then along came United States v. Aguiar, 894 F.3d 351 (D.C. Cir. 2018) [Panel: Circuit Judges Rogers, Griffith, and Srinivasan (opinion by Rogers, Griffith dissenting)]. In Aguiar, a divided panel of the Circuit held that the defendant’s attorney performed deficiently in failing to advise his client of the clear and easily determinable consequences of rejecting a plea offer.

Executive Director's Perspective - Sept18-1
Friday, August 24th, 2018

“Live as if you were to die tomorrow. Learn as if you were to live forever.”

—Mahatma Gandhi

Friday, August 24th, 2018

While I have never claimed to be a student of history, I do often enjoy looking back on things that happened 10, 25, or 100 years ago. The type of stories you hear on the radio or see on your newsfeed on social media informing you that 100 years ago today the first automatic potato peeler or something like it was developed.

September 2018 Complete Issue - PDF Download
Friday, August 24th, 2018
Features
20 | Something Is Wrong with the Sex Offender Registry - By Matthew Ferrara & Emma Hamilton
31 | They Really Can’t Say That, Can They? Nope, But They Do - By Paul G. Stuckle

Columns
6 | President's Message
8 | Executive Director's Perspective
13 | Federal Corner
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.

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