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Back to Basics: Attack SFSTs, Not the Officer

In the heat of trial, all trial attorneys fight vigorously for their DWI clients. In that fight, it’s understandable that you want to destroy the officer, destroy the Standard Field Sobriety Tests (SFSTs), and vindicate your client. Oftentimes, however, juries end up feeling sorry for the bumbling police officer and will hold it against the

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Coercive Interrogation and the Vulnerable Population

[A] system of criminal law enforcement which comes to depend on the “confession” will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence independently secured through skillful investigation.” Escobedo v. Illinois, 378 U.S. 478, 488-89 (1964). “[F]alse confessions are [a] leading cause of wrongful convictions[.]” State v.

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Small-Town Advice for the Big-City Lawyer

As a solo practitioner in Nacogdoches, I always enjoy seeing fellow criminal defense lawyers from out of town travel to the courthouse and defend the innocent accused (and occasionally a few guilty ones). It can also be quite entertaining to see how they handle practicing in a small town. In the twenty-odd years I’ve been

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Voir Dire: Method Follows Model

Imagine you are repairing a car. How you perform the task depends on your understanding of how the car works. If you think internal combustion is powered by magic hamsters, you’re going to do the job differently than if you understand the suck-squeeze-bang-blow of a four-stroke engine. And, because there are no hamsters, feeding the hamsters is

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My Welcome Home From Vietnam: Back in the World in One Piece

My ears popped, and the tires screeched as the TransTexas Airways DC-3 touched down at the Airport in Tyler. The stewardess had avoided eye contact, and the other passengers looked away from me. The short flight from Dallas was a replay of the plane ride from San Francisco. It was strange that no one would

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2019’s Need-to-Know Changes to DWI Law

Together, House Bills 2048 and 3582 refashioned Texas DWI law and punishment—and finally abolished surcharges. Kind of. Now, a person “finally convicted” of DWI “shall” pay a fine of $3,000 for a first conviction, $4,500 for a second, and $6,000 for all DWI convictions over 0.15. Presumably, a person is not finally convicted if they

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