Features

What Do You Mean the  Courthouse Is in the Wrong Place? A War Story
Thursday, March 28th, 2019

One of the most ingenious, albeit unsuccessful, collateral attacks upon a capital murder indictment occurred in Denton County in 1980.

Get Involved in TCDLA’s Declaration Readings
Thursday, March 28th, 2019

July 3 marks the date this year TCDLA members will appear at courthouses across the Lone Star State to recite the Declaration of Independence. The traditional presentations have become TCDLA’s biggest public relations effort.

Enlisting With a Juvenile Record: A Texas Roadmap
Thursday, March 28th, 2019

Texas Law

The general rule in Texas is that a child’s record is confidential and may not be shared or inspected unless specifically authorized by law.

Shout Outs
Thursday, March 28th, 2019

Dan Carney of Weatherford sends a big shout out to former TCDLA president Mark Daniel of Fort Worth: “Mark accepted appointment to represent a mother accused in the murder of her own child. The indictment charged her with two counts of Capital Murder and one of SBI Injury to Child by striking her child against a hard surface.

Wednesday, March 27th, 2019

As we used to say in the Marine Corps: “Listen up. This is the word.” Ignore it at your own peril!

In every case, state or federal, a lawyer representing a defendant in a criminal case is required to give notice of appeal if the client requests it—even if the court has followed a plea recommendation and the defendant has signed a waiver of appeal.

[Background]

Wednesday, March 27th, 2019

Trying to love two women is like a ball and chain.
Trying to love two women is like a ball and chain.
Sometimes the pleasure ain’t worth the strain.
It’s a long old grind and it tires your mind.

                                —“Trying to Love Two Women,” Sonny Throckmorton

Wednesday, March 27th, 2019

No great mind has ever existed without a touch of madness.

                                                                              —Aristotle

This past week I had the opportunity to spend time in Lubbock hosted by the Lubbock Criminal Defense Lawyers Association. The hospitality was overwhelming—and very much appreciated.

Wednesday, March 27th, 2019

An impromptu Spring Break trip gave me a great opportunity to think about what to write in this column. The bomb cyclone that hit the central part of the country, coupled with the grounding of the Boeing 737 Max 8 airplanes, made flying my kids home in time to go back to school from a trip to Rockport to see my sister impossible. So off I went from Lubbock to Rockport with a quick overnight stop in Laredo to tend to a few things on the deer lease.

April 2019 Complete Issue - PDF Download
Wednesday, March 27th, 2019
Features
19 | Notice on Membership Renewal - By Carmen Roe, Nathan Miller & Monique Sparks
20 | The 32nd Annual Rusty Duncan Advanced Criminal Law Course
22 | Enlisting With a Juvenile Record: A Texas Roadmap - By Betty E. Rodriguez
28 | Get Involved in TCDLA’s Declaration Readings - By Chuck Lanehart
The Defense Lawyer: Understanding the True Role of Defense Counsel
Wednesday, February 27th, 2019

Introduction

Probably one of the most misunderstood jobs in the American culture is that of the criminal defense lawyer.

Teaching Your Clients to Succeed on Probation
Wednesday, February 27th, 2019

This may be the shortest and least academic article I’ve ever written, but the insights, for what they may be worth, came out of necessity.

The Risks of a Colorado Cannabis Vacation
Wednesday, February 27th, 2019

Texans who drive home with their purchases of Colorado cannabis may not realize the risk they take when it comes to Texas law. Most of these vacationers drive back through Dalhart and Amarillo, and the number of drug busts in those areas has ballooned since cannabis tourism took off.

The Sexual Assault Nurse Examiner
Wednesday, February 27th, 2019

In today’s criminal justice system, there are people in jail who maybe shouldn’t be and people on the outside who maybe should be locked up. There are two sides to every sexual assault case. Both the victim and the defendant need to rely on the scientific evidence to obtain justice. The evidence will speak for itself if the evidence is collected properly.

Expert Questions
Wednesday, February 27th, 2019

1. What’s the difference between a consulting expert and a testifying expert?

Pope v. State, 207 S.W.3d 352 (Tex. Crim. App. 2006) is the leading case on the distinction between consulting and testifying experts. The difference is major, and it matters. Everyone should read Pope.

Shout Outs
Wednesday, February 27th, 2019

Kudos to Mike Head and Justin Weiner of Athens. Their client admitted to shooting his brother-in-law twice, once in the face and once in the chest with a single-shot 20-gauge shotgun. He was charged and indicted for Murder. After a week-long jury trial in Henderson County, the jurors deliberated for 8½ hours. The jury eventually sent the court a note indicating that they would not be finding the client guilty of Murder.

Wednesday, February 27th, 2019

Domineque Hakim Marcelle Ray was convicted of a capital offense in the State of Alabama and was scheduled to be executed on February 7, 2019. Ten days before his death date, Mr. Ray filed a motion in the United States District Court for the Middle District of Alabama, seeking a stay of his execution. Judge W. Keith Watkins denied the stay. Domineque Hakim Marcelle Ray v. Jefferson Dunn, No. 2:19-CV-88-WKW, 2019 WL 418105 (M.D. Ala. Feb. 1, 2019). His Memorandum Opinion and Order reads, in part, as follows:

Wednesday, February 27th, 2019

We live in a changing society. Some changes are good and some are bad. As lawyers, especially those of us who have been around a while, we have seen major changes. In the beginning there were no cell phones, no fax machines, no computers, no email, no text messages, no twitter, Instagram, snapchat, Facebook, power point, skype, or LAWYER ADVERTISING (except having a listing in the phone book). The first outrageous ad I remember was for Cal Worthington, used car dealer in California, riding an elephant trying to get attention for his car lot.

Wednesday, February 27th, 2019

Among the many significant decisions issued since our last publication, Michael Mowla highlights Rhomer in this SDR. No. PD-0448-17 (Tex. Crim. App. 2019). In Rhomer, a felony murder case—causing the death of another in an accident while committing felony DWI—the Court of Criminal Appeals decided that an accident reconstruction expert can testify about a specific type of accident reconstruction in which he has no formal training, and that the testimony of the accident reconstruction expert here should be governed by the Nenno test.

Executive Director's Perspective March 2019-1
Wednesday, February 27th, 2019

No two minds ever come together without, thereby, creating a third, invisible, intangible force which may be likened to a third mind.

—Napoleon Hill, Think and Grow Rich

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