Features

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.

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.

Syndicate content