// archives

Editorial

This category contains 17 posts

Texas Courts Structure and Statistics…

The existing Texas court system was established by an amendment to the state Constitution in 1891.  Below is a description of the basic hierarchical structure of the court system. Supreme Court: The Texas Supreme Court is the highest state appellate court for civil cases. The Supreme Court is made up of nine judges, referred to […]

Safeguarding the Great American Experiment

By: Stephen Gustitis http://www.gustitislaw.com/personal-thoughts/safeguarding-the-great-american-experiment-bryan-college-station-lawyer/ I’ve been remiss. Like my fellow defense attorneys I habitually keep my head buried in court appearances, case law and statutes, cross examination preparation, closing arguments, and customer service. I’ve been remiss because the daily grind has so easily diverted me from reflecting on a deeper meaning in this work. Namely, […]

Why DWI and Marijuana Cases Should Not Be Plead Unless Absolutely Necessary

By Kenneth G. Wincorn Visit his web page here. Every defense attorney often has the occasional client who says “why should I try this case, it is only a short probation and saves on attorney fees”. If this person travels, they are missing a critical point: they may not be admitted into the country they […]

How Do Criminal Defense Lawyer’s Sleep at Night?

By Keely Heath, Meil & Carr, PLC, Grand Rapids, Michigan One of the most frequent questions that I get from friends, family, and strangers when discussing my career as a criminal defense attorney is some variation of “how do you defend THOSE people?” or “how do you do what you do and sleep at night?” […]

Another Bad Texas Statute

By Mark Bennett Originally Posted June 12, 2014 You can read his original blog post here. I had filed a pretrial writ of habeas corpus challenging Texas’s Online Impersonation statute on First Amendment grounds. The prosecutor agreed with me off the record, dismissed the case, and instead filed a (less serious) Fraudulent Use of Identifying […]

A Specific Intent to Kill

By Murray Newman www.murraynewman.com I was a 7th grader in Bryan, Texas when I learned a fellow classmate had been killed by a drunk driver.  I didn’t know the boy who was killed personally, but I had seen him around school for years.   A female student at A&M had been celebrating the end of […]

Nothing Really Has Changed (The Sad State of the Great Writ); By Robin Norris

Early in 1986, the Court of Criminal Appeals decided that the time for filing a state’s petition for discretionary review is extended if the decision of the intermediate appellate court becomes final on a weekend or holiday.  West v. State, 702 S.W.2d 629 (Tex. Crim. App. 1986). Four months later, the Court decided that the […]

It’s Sausage Time!!

Well, as September 1 rapidly approaches, carrying with it the product of our duly elected representatives, I am reminded of some words by Grant Gilmore: Law reflects but in no sense determines the moral worth of a society. The values of a reasonably just society will reflect themselves in a reasonably just law. The better […]

We Don’t Need No Stinkin’ Badges!

Before anyone thinks we have a new statewide law permitting defense lawyers everywhere to glide through courthouse security, you should know that House bill 3003, recently passed by the Legislature, is more modest. It simply wipes out the population requirement for charging a fee for selective “passes” from the indignity all other classes must suffer […]

Reading the Declaration of Independence, July 1, 2011

It was a beautiful  July 1st morning in the Hill Country. TCDLA board member Harold Danford , also President of the Hill Country  Affiliate Bar, had invited group of about 15 to meet at 9 a.m. at the flag pole at the Bandera County Courthouse. There was a brisk breeze that keep us cool as […]